UP Governor, HC in tug-of-war

Lucknow: Uttar Pradesh Governor TV Rajeshwar and the Allahabad High Court are at loggerheads over the transfer of an officer posted in Raj Bhawan. The court had transferred the Governor's legal advisor but he is still to be relieved.

The seriousness of the matter can be judged from the court order which says, "This bench has been constituted in an unprecedented situation in the history of this High Court where the executive organ of the state, namely, His Excellency the Governor's secretariat has refused to acknowledge and implement the transfer and suspension order of a judicial officer of the subordinate judiciary..."

It's the first time in over 40 years that any High Court has used such harsh words against the executive head of a state.

The bone of contention is legal advisor to Rajeshwar, Pradeep Dubey. The High Court transferred Dubey to Ballia, UP, but he said he couldn't go as he wasn't being relieved by the Governor. He was suspended by the Court.

"The entire matter appears to undermine the credibility of the judiciary and the concept of the independence of the judiciary," Secretary High Court Bar Association, Allahabad Bar Association, Rakesh Pandey said.

The five-judge bench has ordered that all orders and letters of the Governor's secretariat regarding Dubey be treated as inoperative.

The Principal Secretary has been asked to appear before the bench on July 4, along with all records relating to the matter.

While no one from the Governor's office is ready to comment on the matter, a letter sent by the Principal Secretary to the Governor says, "Dubey cannot be relieved unless an officer of the choice of the Governor is posted in Raj Bhawan. A panel of three names may be sent by the High Court and subsequently Dubey will be relieved."

With the Governor still refusing to remove the concerned official, a serious constitutional crisis has gripped the state.

"PK Dubey has been ordered to go to Ballia immediately and take up his responsibilities," Advocate General of UP, SMA Kazmi, said.

Under Article 361 of the Constitution, the governor of state is not answerable in any court for the exercise and performance of his powers and duties of his officers.

While officials are likely to face contempt for non-compliance of the High Court's orders, the Governor is exempt from contempt proceedings. A similar confrontation in 1963 couldn't be decided by a 22-member bench of the High Court.

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