Disapproving of the tussle over posting of a central government official in the Delhi Assembly, the Delhi High court today said such matters should be resolved amicably without coming to the court.
"A Speaker coming to court is an extraordinary circumstance. This should not be thrashed out in court. He is not such an officer that two governments (Delhi and the Centre) should fight over him. Why cannot it be resolved amicably without either party coming to court," Justice Sanjeev Sachdeva said.
He made the observations during hearing of a plea by Delhi Legislative Assembly Speaker Ram Niwas Goel who has challenged the then Lieutenant Governor Najeeb Jung's order repatriating Delhi Assembly Secretary Prasanna Kumar Suryadevara, an officer belonging to Newsreader-cum-Translator (Telugu) cadre, to the All India Radio (AIR), his parent organisation.
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However, the Speaker had refused to relieve him.
The court issued notice to the Centre, the bureaucrat and the Delhi government, which was made a party in the matter today, and sought their reply by the next date of hearing on January 17.
The lawyer representing the Centre agreed with the court's suggestion not to insist on repatriation of the bureaucrat till the next date of hearing.
The Speaker had contended that as he also holds a constitutional office, the LG cannot repatriate the Assembly secretary without his concurrence.
Goel, in his plea, has also challenged the memorandums issued by AIR to Suryadevara directing him to join his parent organisation immediately failing which he will be treated to be on "unauthorised absence".
The bureaucrat, who has served in the office of the Lok Sabha Speaker for five years and that of the Rajya Sabha Chairman for over six years, was appointed to the post of Delhi Assembly secretary in July 2015 for a year, on expiry of which AIR had directed him to return.
When the Speaker refused to relieve him and sought his extension for another two more years, AIR turned it down and thereafter, the LG ordered his repatriation.
Despite the LG's order, the Speaker refused to relieve the bureaucrat.
AIR had also issued a show cause notice to the bureaucrat on why action for "misconduct" should not be initiated against him over a newspaper article written by him in June -- 'Neither Office, Nor Profit' -- finding it "critical" of the Centre, which is in "violation of the Conduct Rules".
This too has been challenged by Goel in his plea, but the court said this issue has to be taken up by the bureaucrat himself and not the Speaker.
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