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SC Approval for Extension: Dynamics of Governments Retaining Preferred Bureaucrats
Context
The recent Supreme Court approval for the extension of the Chief Secretary of Delhi sparks a discussion on the trend of governments retaining bureaucrats beyond their usual tenures.
About
Why Governments Prefer Familiar Faces:
- Governments, both at the central and state levels, often opt for extending the services of known bureaucrats.
- The comfort factor associated with officials familiar with the government's priorities, capable of troubleshooting without causing disruptions, and adept at maintaining the status quo.
Legal Perspectives on Extensions:
- Formal setup of the All-India Services, where extensions are not the norm but exceptions are allowed.
- The Supreme Court's stance on the six-month extension to the Chief Secretary of Delhi is scrutinized, emphasizing that it doesn't violate any existing rules.
Exigencies of Work and Justifications:
- Extensions are envisioned for exigencies of work, providing a specific context for Delhi, where impending general elections and legal considerations surrounding the NCT Act play a role.
- The Lieutenant Governor's authority over services, pending the Supreme Court's verdict, is a pivotal factor.
New Argument: Functions of the Chief Secretary
A new argument is introduced by the Solicitor General of India, suggesting that the Chief Secretary of Delhi, in specific domains, reports only to the central government, justifying its authority to extend the incumbent's services.
Challenges and Controversies:
- Challenges to the extension process, especially when allegations of corruption surface, as seen in the case of Naresh Kumar.
- The public scrutiny and legal petitions add complexity to what has traditionally been an administrative matter.
Recommendations:
Retirement Age and Performance Benchmarks:
- Revisiting the practice of extensions and reflects on the need to reconsider the retirement age, advocating for aligning it with global standards.
- Implementing provisions like FR 56(j) to assess performance and retire officials transparently based on clear benchmarks.
Recognizing Excellent Officers:
- The broader question of whether extensions are the sole means of recognizing exemplary service is raised, urging a more thoughtful approach and improved optics in acknowledging the contributions of outstanding officers.
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