Chandigarh , January 17 , 2018 : High Court of Punjab and Harayana has set aside the appointment of Suresh Kumar as Chief PS to CM Punjab
AG Punjab Atul Nanda confirming this judgment said he would comment after reading the judgment.
The court of Justice Mr Rajan Gupta said Kumar was holding a public office without any authority of law and in violation of article 166(3) of the constitution of India
Suresh Kumar was appointed immediately after government took over in March 2017.
A Mohali resident, Ramandeep Singh, had moved the high court against the appointment with a petition claiming that the appointment was against constitutional scheme and accepted norms. Harpreet Singh Brar@ Rajan Brar, former present of HC Bar Association, was the counsel for petitioner.
Mr Brar had argued that the tenure of Kumar, had been made co-terminus with that of the government. He has been delegated the powers to oversee functioning of principal secretary to the chief minister which is a cadre post. “Thus, a public office, has been usurped by a retired IAS officer. This apart, there is no provision in the rules for bestowing rank of a cabinet secretary on a retired officer,” Brar had told court.
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