The Supreme Court on Wednesday expressed displeasure over the delay on the part of Uttar Pradesh Governor TV Rajeswar in selecting a judicial officer to replace his controversial Additional Legal Advisor PK Dubey, who has since been sent on a judicial posting on the court's order.
A Bench headed by Chief Justice KG Balakrishnan took exception to the fact that the Governor has not been able to select Dubey's replacement despite having been given a panel of three judicial officers by the Allahabad High Court about three months ago.
When Additional Solicitor General Gopal Subramaniam said that the panel sent by the High Court was under consideration, the Bench observed that this practice was not proper.
The Bench pointed out that in several states including Kerala and Gujarat there was no such practice of sending a panel of judicial officers for selection as Additional Legal Advisor to the Governor.
The court also asked the High Court to decide Dubey's representation seeking quashing of disciplinary action against him within four weeks and posted the matter for further hearing after six weeks.
The Supreme Court had on November 14, 2006 directed Dubey to report to his place of posting to be decided by the Allahabad High Court on or before November 24.
"Enough is enough," the court had said sending Dubey, who had been with the Raj Bhawan in Lucknow on deputation for over 12 years, to his parent cadre.
The court had noted that the issue has been hanging fire since June and the Governor has not decided on Dubey's replacement till date despite several adjournments given 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.
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 the Governor.
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.