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- Delhi Chief Secretary Controversy Arvind Kejriwal Vs Central Government
New Delhi14 hours ago
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The SC said that the Chief Secretary is appointed by the Centre, but he must follow the directions of the state government on matters which fall within the scope of his executive competence.
The Supreme Court said that the Chief Secretary of Delhi will have to follow the instructions of the state government. The actions or inaction of the Chief Secretary should not affect the functioning of the elected government.
Civil servants need to remain politically neutral. They are appointed by the central government, but must follow the directions of the elected government on matters that fall within the scope of their executive competence.
The bench headed by CJI DY Chandrachud had given this decision on November 29. It was later uploaded on the Supreme Court website. Justice JB Pardiwala and Justice Manoj Mishra were also included in this bench.
The Supreme Court’s decision has come on the petition of the Delhi Government, in which the Delhi Government had opposed the Centre’s move to appoint a new Chief Secretary or extend the tenure of the existing Chief Secretary Naresh Kumar without any consultation with it.
Naresh Kumar was to retire on 30 November. On November 29, the Supreme Court had given permission to the Central Government to extend the tenure of Naresh Kumar by six months.
On November 29, the SC had allowed the Center to extend Naresh Kumar’s tenure by six months.
The court cited a 1973 decision
In its 28-page judgment, the bench cited a 1973 decision of the Supreme Court. The court said that it was observed that the post of Chief Secretary is a post of great trust and an important link in the administration.
The Supreme Court cited the May 11 judgment of a five-judge Constitution bench this year which had said that legislative and executive powers over public order, police and administration of services except land are vested in the Delhi government.
Chief Secretary accused of corruption worth Rs 897 crore
On November 20, Delhi CM Arvind Kejriwal had recommended the removal of Chief Secretary Naresh Kumar in the alleged scam in Dwarka Expressway. Kejriwal had written a letter to LG Vinay Kumar Saxena accusing Kumar of corruption worth Rs 897 crore.
On November 19, LG Saxena refused to consider this report, calling it based on old assumptions and estimates. Actually, the Delhi government had conducted an investigation on the complaint of irregularities in land acquisition for Dwarka Expressway. Delhi government alleges that Naresh Kumar has provided benefits of Rs 897 crore to companies linked to his son.
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