PIL against UP Cabinet secretary put off till 2 weeks

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Lucknow, Mar 3 (UNI) Lucknow bench of Allahabad High Court today adjourn till two weeks, the hearing in the Public Interest Litigation (PIL) challenging the appointment of Uttar Pradesh cabinet secretary Shashank Shekhar Singh.

The order was passed by a division bench comprising Justices Pradeep Kant and S N Shukla on a petition filed by Shivprakash Shukla.

The UP government presented an affidavit before the bench, stating that Mr Singh was appointed in accordance with the law.

The state government had earlier questioned the maintainability of the petition contending it should be dismissed, since PILs in service related matters were not maintainable.

The PIL prays for the nullification of the May 13, 2007, appointment of Mr Singh.

According to the PIL, his appointment was ultra vires under Indian Administrative Service Cadre Rules and Article 312 of the Indian Constitution.

Besides, it also mentioned that Mr Singh was not an IAS officer and designating him on such a high bureaucratic position as Cabinet Secretary was a breach of law.

However, the government had argued that the appointment was legal as it was made under secretariat rules and article 154 of the Constitution.

The petition, which claimed that there was no provision for the post of Cabinet Secretary in UP, had made Mr Singh, the central and state governments as opposite parties.

UNI XC/ATI PDM BDP AS1832

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