The Punjab and Haryana High Court on Wednesday stayed the single-Bench order setting aside the appointment of retired IAS officer Suresh Kumar as Chief Principal Secretary to Punjab Chief Minister Amarinder Singh.
While staying the operation of the order, Justice Mahesh Grover and Justice Rajbir Sehrawat issued a notice of motion to the petitioner, Ramandeep Singh, a resident of Mohali, and Mr. Kumar besides other respondents for April 17.
The Punjab government had last week filed a plea in the court challenging the single-Bench judgment on the grounds that the State had unequivocal powers to make contractual appointments.
Former Union Finance Minister P. Chidambaram, who appeared for the Punjab government in court, pleaded that it was the prerogative of the Chief Minister to appoint anyone as a staff officer to assist him.
“The matter pertaining to Mr. Kumar’s appointment came before the Division Bench of Justice Mahesh Grover and Justice Rajbir Sehrawat, who have stayed the operation of the judgment. As of now, the setting aside of his [Mr. Kumar’s] has been stayed,” Atul Nanda Advocate General, Punjab, told reporters.
The State argued that Mr. Kumar did not have any power to pass any order. It was also pointed out that it was only the Chief Minister who passed an order and such decision were recorded on the file.
‘Violation of Art. 166(3)’
Earlier on January 17, the single-Bench of the High Court had set aside the appointment Mr. Kumar stating that he was holding the position in violation of Article 166(3) of the Constitution and hence the appointment was “null and void”.
Mr. Kumar, who retired as Additional Chief Secretary in 2016, was appointed by Capt. Singh as the Chief Principal Secretary in March 2017, after the Congress government came to power in the State.
