Centre has power to extend tenure of Delhi Chief Secretary by 6 months: Supreme Court


“We have come to the conclusion that at this stage…..the decision of the Union Government to extend the services of incumbent Chief Secretary for a period of six months, cannot be construed to be violative of law or constitutional distribution of power between the Union and the government of NCT of Delhi,” noted a Bench presided over by CJI DY Chandrachud in its order.

The Bench, also comprising Justices JB Pardiwala and Manoj Misra, clarified that its analysis is limited to the “prima facie evaluation of the case at the present stage” without entering into any conclusive determination of the issues which are pending for adjudication before the Constitution Bench.

The top court said that prima facie it will be “far-fetched” to postulate that the Centre is divested with the power to appoint the Chief Secretary of Delhi in view of the provisions contained under Section 45A (d) of the National Capital Territory of Delhi (Amendment) Act, 2023.

On Tuesday, the Supreme Court had asked Solicitor General (SG) Tushar Mehta to show the provisions or rules empowering the Union Government to extend the tenure of Kumar – Delhi’s top-most bureaucrat — who is due to superannuate on November 30.



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