Document Fragment View

Matching Fragments

d. Section 45A, though a part of the definition provisions of the amended Act, expressly recognises the power of appointment of the Central Government of the Chief Secretary of the NCTD;

e. Though the power of granting an extension to a member of an All India Service holding the post of Chief Secretary under Rule 16 of the 1958 Rules is to be exercised by the Central Government on the recommendations of the State Government, in the case of the NCTD, the relevant cadre deploying the officers is the AGMUT cadre which is a Joint Cadre. Rule 2(1)(m) defines the State Government in the case of a joint cadre to mean the Joint Cadre Authority 14; and f. The Government of India Allocation of Business Rules 1961 provide, in relation to the Union Ministry of Home Affairs, that :

These principles have been culled out prima facie at this stage on an analysis of the observations of the judgment in 2023 Constitution Bench.

15. Two issues fall for the consideration of this Court: firstly, whether the Union Government has the unilateral power to appoint the Chief Secretary of NCTD; and secondly, whether the Union Government has the power to extend the service of the incumbent Chief Secretary.

16. We will first deal with the issue of whether the Union Government has the unilateral power to appoint the Chief Secretary of NCTD. Rule 2(b) of the Indian Administrative Service (Cadre) Rules 1954 15 defines Cadre post as any of the posts specified under item 1 of each cadre in the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations 1955 16. The 1955 Regulations mention Chief Secretary as one of the cadre posts. Rule 7 of the 1954 Rules states that all appointments to cadre posts in a joint cadre shall be made by the State Government concerned. The State Government is defined in relation to a Joint cadre to mean the Joint Cadre Authority. Rule 11A of the 1954 Rules states that the power of the State Government , inter alia, under Rule 7 in relation to the members of the Service serving in connection with the affairs of any of the constituent States shall be exercised by the Government of that State, and State is defined to include Union Territory17. The 2023 Constitution Bench judgment interpreted the above provisions and held that the GNCTD has the power to make appointments to cadre posts in NCTD:

“173. We shall take the example of the Indian Administrative Service (Cadre) Rules, 1954, which deal with the posting of IAS Officers. Rule 2(a) defines “cadre officer” to mean a member of IAS. Rule 2(b) defines “Cadre post” as any post specified under Item I of each cadre in the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955. Rule 2(c) defines “State” to mean a State specified in the Schedule I to the Constitution and includes a Union Territory. Rule 2(d) defines “State Government concerned”, in relation to a Joint cadre, to mean the Joint Cadre Authority. The constitution and composition of a “Joint Cadre Authority” is understood with reference to the All-India Services (Joint Cadre) Rules, 1972. The 1972 Rules apply to a “Joint Cadre constituted for any group of States other than the Joint Cadre of Union Territories”. Rule 3 of the IAS (Cadre) Rules, 1954 provides for the constitution of cadres for each State or group of States “as a “State Cadre” or, as the case may be, a “Joint Cadre”. Rule 5 empowers the Central Government to allocate cadre officers to various cadres. In terms of Rule 5(1), the allocation of cadre officers to the “1954 Rules’ “1955 Regulations” Rule 2(c) of the 1955 Regulations various cadres shall be made by the Central Government in consultation with the State Government or the State Government concerned. Rule 7 stipulates that all appointments to cadre posts shall be made “on the recommendation of the Civil Services Board” — by the State Government “in the case of a State cadre”, and by the State Government concerned, as defined in Rule 2(d), “in the case of a joint cadre”. Under Rule 11-A, the “Government of that State” is provided with powers to take decisions under Rule 7 (and other mentioned rules) in relation to the members of the Joint Cadre Service “serving in connection with the affairs of any of the Constituent States”. A combined reading of Rules 2, 7 and 11-A indicates that the postings within the State Cadre as well as Joint Cadre of a Constituent State shall be made by the “Government of that State”, that is, by the duly elected Government. In our case, it shall be the Government of NCTD. We accordingly hold that references to “State Government” in relevant Rules of All-India Services or Joint Cadre Services, of which NCTD is a part or which are in relation to NCTD, shall mean the Government of NCTD.” (emphasis supplied)