Govt defends top official in HC over plea calling him ‘de facto’ CM in Captain’s absence

In response to the High Court's question on the urgency in the orders for appointment of the official, Ranjit told the HC bench that there had been the model of conduct for 45 days in view of elections in the state and when the government came in power, the decision had to be taken quickly so that the pending and important files could be put up before the CM.

Punjab government on Wednesday defended its decision to appoint the senior retired official Suresh Kumar as the Principal Chief Secretary to the Chief Minister and told the Punjab and Haryana High Court that the powers of CM do not get directly delegated to Kumar in Capt Amarinder Singh's absence.

During the resumed hearing of the case for second consecutive day before the single bench of Justice Rajan Gupta, Senior Advocate Ranjit Kumar said Suresh Kumar's appointment has been confirmed by the Council of Ministers and has also been authenticated by the state Chief Secretary. He added the government decision was also conveyed to the Governor for their information.

Ranjit told the court that it cannot be expected that the Chief Minister can go through every file himself and added he has five officials, including Suresh, in his office for assistance who are there to see the "nature or requirement of the files" to be put up before him and are only staff members of the Chief Minister's Office.

When the court particularly asked whether the Chief Minister's powers in his absence - when he is not in the headquarters - get delegated to Suresh, Ranjit said during the CM's absence from the headquarters only cases of immediate nature, which cannot wait for his return or cannot be immediately sent to him, can be discussed with him over phone by Suresh and "only if possible" then be disposed of after that .

"It can only be done after the mobile phone (call). He cannot take the decision on his own," Ranjit told the High Court, adding there are also other safeguards in place on this functioning of the retired official. During the four-hour long hearing, the government also told the High Court that no IAS post has been kept in abeyance to accommodate the retired officer and said it was just an advice from the finance department that had not been agreed by the state Cabinet. However, it confirmed that his position is neither a cadre post nor a non-cadre post.

In response to the High Court's question on the urgency in the orders for appointment of the official, Ranjit told the HC bench that there had been the model of conduct for 45 days in view of elections in the state and when the government came in power, the decision had to be taken quickly so that the pending and important files could be put up before the CM.

Though the arguments from both sides in the case are near completion now, the High Court will now take up the case for further hearing on Friday. The record on the Chief Principal Secretary's appointment will be perused by the bench on the next date of hearing.