SC issues notices in row between UP Governor, Allahabad HC

New Delhi, June 27 (UNI) The Supreme Court today referred to a larger bench the issue involving the confrontation between Uttar Pradesh Governor T V Rajeshwar Rao and the Allahabad High Court over recalling Additional Legal Advisor (ALA) to the Governor Pradeep Dubey by the High Court.

A vacation bench comprising Justices A R Lakshmanan and Altamas Kabir also issued notices returnable within four weeks to the Union Home Secretary, Registrar General of Allahabad High Court, the Governor of UP and the state of UP on the petition filed by the Union government challenging the Allahabad High Court order dated June 6.

The court also stayed till further orders further hearing of the matter by the High Court.

The court directed the registry to place the matter before the Chief Justice of India for referring the matter before a larger bench to be appointed by him.

The court, however, made it clear that the pendency of special leave petition in this court shall not come in the way of the two Constitutional functionaries namely the Chief Justice of Allahabad High Court and the state Governor giving a quietus to the issue raised in the SLP.

The court however refused to revoke the suspension of Pradeep Dubey.

Dubey has been the ALA to the Governor for the last 12 years (since 1994) and was recalled by the High Court as ALA is a judicial officer in the rank of Additional District and Session Judge and is on deputation in Governor's Secretariat.

He was placed under suspension after he failed to comply with the High Court order directing him to report to the High Court for being given new posting. One Mr B K Verma was appointed as ALA by the state government without taking the Governor into confidence.

The Governor refused to relieve Dubey saying that any officer from his Secretariat cannot be removed without his prior consent.

The Supreme Court, however, strongly disapproved the tenor and language used by the Governor in his letter addressed to the High Court. In one of the letters, the Governor has told the High Court's Chief Justice that Dubey could not be relieved before July 2007.

The High Court in its impugned order had described the stand of the Governor as, the '' pinnacle of obstinacy''.

The court observed today that the High Court has primacy over the judicial officer and the right of the High Court to recall any of his officers on deputation is undisputed.

Additional Solicitor General Gopal Subramanium appearing for the Central government read out from the High Court order which said if an individual was indispensible for an institution, damn the institution.

The court also observed that this court did not want the High Court and the Governor to precipitate the matter further.

The Supreme Court in its order said, '' In our opinion the petition raises an important question of law of public importance, hence we direct the registry of this court to place the matter before the honourable Chief Justice with a request to nominate an appropriate bench for hearing the matter''.

The court further said, ''Since the SLP is entertained by us, we request the High Court not to proceed with the further hearing of the matter till further order''.

UNI AKS/SC SRS RP DS1632