Delhi to get new Chief Secretary; CM Arvind Kejriwal sends PK Gupta's name for approval
In a verdict in 2018, a five-judge Constitution bench had unanimously ruled that the Delhi LG was bound by the aid and advice of the elected government, and both needed to work harmoniously with each other.
FollowDelhi Chief Minister Arvind Kejriwal has sent 1989 batch IAS officer PK Gupta's name for the appointment of new Chief Secretary of Delhi. This comes days after the Supreme Court ruled in favour of the AAP-led Delhi government over control of bureaucrats in the national capital.
It is reportedly said that the Delhi government has been given the approval to appoint PK Gupta as new chief secretary of Delhi. They also said that transfer orders are in place for the current Chief secretary Naresh Kumar.
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The Supreme Court bench comprising Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha, while delivering the verdict had said that if a democratically elected government was not allowed to control its officers and hold them to account, then its responsibility towards the legislature and public is diluted.Â
"L-G shall exercise powers under the administrative role as entrusted by the President. Executive administration can only extend to matters which fall outside the scope of the legislative assembly...and it cannot mean administration over entire NCT Delhi. Otherwise, the purpose of having a separate elected body in Delhi will be rendered futile," the court said.
On January 18, the Supreme Court had reserved its order after hearing the arguments for almost four-and-a-half days.
The Delhi government filed the petition in response to a divided ruling from February 14, 2019, in which Justices AK Sikri and Ashok Bhushan, both of whom are now retired, recommended to the Chief Justice the formation of a three-judge bench to decide the matter of control of services in the national capital.
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Justice Sikri had said that only the central government can transfer or post officers in the top echelons of the bureaucracy (joint directors and above), and that the lieutenant governor's view will take precedence in cases where there is a disagreement regarding issues pertaining to other bureaucrats. Justice Bhushan had ruled that the Delhi government had no control whatsoever over the administrative services.
In a verdict in 2018, a five-judge Constitution bench had unanimously ruled that the Delhi LG was bound by the aid and advice of the elected government, and both needed to work harmoniously with each other.
