SC tells Dubey to follow HC order on posting
THE SUPREME Court on Tuesday directed Uttar Pradesh Governor T V Rajeswar?s additional legal advisor P K Dubey to report to his place of posting to be decided by the Allahabad High Court on or before November 24.india Updated: Nov 15, 2006 01:33 IST
THE SUPREME Court on Tuesday directed Uttar Pradesh Governor T V Rajeswar’s additional legal advisor P K Dubey to report to his place of posting to be decided by the Allahabad High Court on or before November 24.
“Enough is enough,” a three-judge Bench, headed by Chief Justice Y K Sabharwal, said sending Dubey, who has been with the Raj Bhawan in Lucknow on deputation for over 12 years, to his parent cadre.
The court noted that the issue had been hanging fire since June and the Governor had not decided on Dubey’s replacement till date despite several adjournments in the case. It also sought to emphasise that under Article 235 of the Constitution, it was the High Court which had the power of superintendence over the officers of State Judicial Service, and not the Governor.
Additional Solicitor General Gopal Subramanian informed the court that the Governor had already decided the name of his new additional legal advisor from among a panel of three judicial officers interviewed by him on October 27. A formal communication would be sent to the High Court soon, he said.
The Centre had moved the court in June last to avert a possible constitutional crisis arising out of the face-off between the Governor and the High Court over Dubey’s continuation as additional legal advisor to T V Rajeswar.
The Governor and the High Court had been at loggerheads after the former refused to relieve him despite orders passed by the latter for his return to judicial service.
The High Court had transferred him to Ballia as additional district and sessions judge. As the Governor did not relieve him, he could not report at Ballia and was suspended by the High Court for not following its orders.
Subramanian submitted that the Governor felt some sort of moral responsibility towards the officer and that Dubey should not be penalised.
He tried to dispel the impression that the officer did not want to leave the Governor’s office, saying Dubey always wanted to follow the orders of the High Court. Appearing for Dubey, senior counsel Rajiv Dhavan too pleaded that he always wanted to go back to the judicial services as his career prospects were there, and not at the Raj Bhawan.
Dhavan emphasised that Dubey wanted to go back to the judicial service; was ready to join at Ballia or whichever place the High Court sent him and that the High Court should consider revoking his suspension.However, in its order, the Supreme Court said, “There is no question of the High Court being vindictive towards an officer. Rather on the other hand, the High Court is supposed to be and is a friend, philosopher and guide to the officers under its supervision under Article 235 of the Constitution.” The court said, “It would be open to Dubey to make such representation to the High Court as he may be advised. We have no doubt that the representation would receive the consideration it deserves.”
The court, however, kept the Centre’s petition pending and fixed the last week of this month for further firstname.lastname@example.org