Delhi High Court today left it to the Lieutenant Governor to decide whether or not to review his order relieving the Delhi Assembly Secretary, who is in the middle of a tug-of-war between the Speaker and the Prasar Bharati over his posting.
"Let the Lieutenant Governor have a re-look at his order, but not as a direction from this court. Place it before him. If he decides not to review it, then we will take it up," Justice Sanjeev Sachdeva told Delhi government standing counsel Rahul Mehra.
While agreeing to place the matter before LG Anil Baijal, Mehra said the decision to appoint the officer, Prasanna Kumar Suryadevara, and to extend his deputation, was taken after a discussion between the Chief Minister and Speaker.
While deferring the matter to February 2, the court said it will not injunct or interfere in the disciplinary proceeding against the official on account of his newspaper article -- 'Neither Office, Nor Profit' -- saying, "on that you (official) take your own remedies".
The court today decided to await the LG's decision as the discussion between Speaker Ram Niwas Goel and the Director General of All India Radio (AIR), over posting of Suryadevara, failed to arrive at solution to the impasse. The meeting was held on the court's suggestion to find an "amicable solution" to the issue.
Suryadevara has been one of the senior officials caught in the tussle between the AAP government and the Centre.
As per a letter handed over to the court during the hearing, a meeting was held on January 13 which concluded with DG AIR saying that "granting of extension or facilitating absorption can be considered after the enquiry has been concluded".
After perusing the letter, the bench said, "you cannot keep extension conditional on that" and asked "what is the problem in granting an extension?"
The court also sympathised with Suryadevara, saying "what would the poor officer do" as he was caught between the orders of the Speaker and the Prasar Bharti.
The lawyer for Prasar Bharti said AIR was "not in a
position" to spare anyone as it is "facing a huge manpower crunch". He said that the present petition was a service matter and as per the Supreme Court, the Central Administrative Tribunal was the appropriate forum.
He also alleged that the plea was a proxy litigation as the person concerned has not approached the court himself.
At the start of the day's arguments, senior advocate P Chidambaram, appearing for Goel, said a meeting was held between the Speaker and DG AIR, but the outcome was not known.
The lawyer for Prasar Bharti, thereafter, handed over the letter regarding the meeting.
The DG AIR has said, as per the letter, that "it was imperative that charged officer (Suryadevara) himself replies to the memos (for unauthorised absence and for writing article in violation of CCS Conduct Rules) as required so that the disciplinary proceeding can be concluded".
"Reply has to come from charged officer and not as a clarification from his controlling officer which does not fulfil the procedural requirement," the DG AIR had said in the meeting, as per the letter.
According to the letter, Goel had said that the issue of unauthorised absence was irrelevant as Suryadevara has not been relieved by him.
The Speaker had also said that he wanted Suryadevara to be made available to the Delhi Assembly on permanent absorption or extension of deputation by four years, as per the letter.
Suryadevara, an officer belonging to Newsreader-cum- Translator (Telugu) cadre, was deputed to Delhi Assembly for a year after which the then LG, Najeeb Jung, had relieved him.
Goel, however, had refused to relieve Suryadevara, saying that as the Speaker also holds a constitutional office, the LG cannot repatriate the Assembly Secretary without his concurrence.
After AIR issued the two memos, Goel moved the High Court against repatriation of Suryadevara, who has earlier served in the office of the Lok Sabha Speaker for five years and that of the Rajya Sabha Chairman for over six years.
