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HC adjourns hearing in Dubey case
THE FIVE-JUDGE Bench of the Allahabad High Court, which assembled to hear the case of governor?s additional legal advisor Pradeep Dubey on Tuesday adjourned the hearing in view of the Supreme Court?s directives on this issue. To recall, the Apex Court had on June 27 asked the Allahabad High Court not to proceed further with the hearing on the issue of transfer of Governor TV Rajeshwar?s legal aide.
THE FIVE-JUDGE Bench of the Allahabad High Court, which assembled to hear the case of governor’s additional legal advisor Pradeep Dubey on Tuesday adjourned the hearing in view of the Supreme Court’s directives on this issue.
To recall, the Apex Court had on June 27 asked the Allahabad High Court not to proceed further with the hearing on the issue of transfer of Governor TV Rajeshwar’s legal aide.
Justices Rakesh Tiwari, SS Kulsrestha, Prakash Krishna, DP Singh and AP Sahi sat in the court room at 10 am. Additional Solicitor General of India, Dr Ashok Nigam, appearing on behalf of the Central government, informed the court about the Supreme Court’s order dated June 27, regarding the transfer matter of Pradeep Dubey.
Chief standing counsel CB Yadav, appearing on behalf of the State government, presented the Supreme Court’s order dated June 27 before the Bench.
The Bench was informed that Pradeep Dubey had not reported to Ballia district in spite of the High Court’s order.
To recall, a stand-off had taken place between the Allahabad High Court and the Governor on the issue of transfer of Pradeep Dubey. The High Court wanted Dubey to be posted as the additional district judge of Ballia, but the same was rejected by the Raj Bhawan on the ground that before transferring Dubey, who was an employee of the Raj Bhawan, prior consent of the Governor was necessary.
Thereafter, while hearing a Public Interest Litigation (PIL) petition filed by secretary of the High Court Bar Association Rakesh Pandey, the five judges Bench had on June 23 ruled that all communications, orders and letters emanating from Governor TV Rajeshwar’s secretariat with regard to relieving and suspension of his legal advisor Pradeep Dubey be treated as otiose, ineffective and inoperative.
Later, the Union of India filed a Special Leave Petition before the Supreme Court challenging the order of the High Court. In the SLP, the Governor’s action was defended saying what the Raj Bhawan wanted was only panel of three judicial officers from which the Raj Bhawan could have chosen one as his additional legal advisor. The SLP accused the UP government of precipitating the matter by issuing notification for appointment of judicial officer Vijay Verma in place of Dubey without consulting the governor.
While admitting that the High Court could recall its judicial officers working under the Executive, the SLP said that the governor or the High Court could not have unilaterally posted a judicial officer in the Raj Bhawan without consulting the Governor.
