Justice Rajiv Shakdher also asked how the Speaker of the Assembly, Ram Niwas Goel, can hold the official back without the consent of his parent department.
"His (Assembly Secretary) tenure comes to an end in July 2018. How can he be absorbed in the Delhi Legislative Assembly without the consent of his parent department? If his parent department wants him back, can the Speaker hold him back? I, prima facie, don't think so," the judge said.
The AIR, his parent department, said it had received a letter from him in December last year saying he wished to go to the Andhra Pradesh State Legislative Assembly.
It also told the court that the official was borrowed by the Delhi government, which had relieved him in August 2016. It also claimed that the legislative assembly was the "sub-borrowing department" and had no say in the matter after the borrowing department relieved him.
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"How can people assume powers which they do not have," it asked, adding "how can a Deputy Secretary over-rule the LG?"
The court, after brief arguments, listed the matter for further hearing on April 17.
It was hearing Goel's plea challenging the then Lieutenant Governor Najeeb Jung's order repatriating Suryadevara, an officer belonging to Newsreader-cum-Translator (Telugu) cadre, to the AIR.
Goel had refused to relieve the official, insisting that since he, as the Speaker, held a constitutional office, the LG cannot repatriate the assembly secretary without his concurrence.