The matter need not have become a prestige issue for either party. The Governor could have invited the Chief Justice of the Allahabad High Court for a friendly discussion, or the Chief Justice could have himself called on the Governor. The matter need not have been given the publicity in the press or been made a subject of a PIL. It has unnecessarily converted an administrative misunderstanding into a sub-judice matter.
Unfortunately, the entire communication is taking place between the Registrar General of the High Court and the Principal Secretary to the Governor, without there being any direct communication between the Governor and the Chief Justice.
Additional legal advisor Pradeep Dubey — the bone of contention between the two — himself could have requested the Governor to relieve him as he has a long period of service before him. The unfortunate controversy over the former legal advisor, CB Pandey in the past was already there from which to take a lesson.
The High Court should not have passed the judicial orders without the Governor being impleaded. That was barred by Article 361 of the Constitution. Governor could have also realised that administrative discipline among judicial officers should not be imperiled.
Formerly, it is understood that the Legal Remembrance (LR) used to be treated as a bridge between the Chief Minister and the High Court in administrative matters as between the CM and the Governor. It is not clear whether this position still prevails. It is not enough that the LR should enjoy confidence of the Chief Minister. He should be respected equally by the Governor and Chief Justice.
{{/usCountry}}Formerly, it is understood that the Legal Remembrance (LR) used to be treated as a bridge between the Chief Minister and the High Court in administrative matters as between the CM and the Governor. It is not clear whether this position still prevails. It is not enough that the LR should enjoy confidence of the Chief Minister. He should be respected equally by the Governor and Chief Justice.
{{/usCountry}}It seems now the matter will finally be resolved by the Supreme Court.
In the meantime, it is possible that all new proposals for appointment of judges may be stalled by the Governor.