How can assembly secretary continue without parent department's consent: Delhi high court

NEW DELHI: The Delhi High Court on Friday asked how the Delhi Assembly Secretary, who was loaned to the AAP government by the Centre for a year, can continue in his post when his parent department, the All India Radio (AIR), wants him back.

Justice Rajiv Shakdher also asked how the Speaker of the Assembly, Ram Niwas Goel, can hold the official back without the consent of his parent department.

"His (Assembly Secretary) tenure comes to an end in July 2018. How can he be absorbed in the Delhi Legislative Assembly without the consent of his parent department? If his parent department wants him back, can the Speaker hold him back? I, prima facie, don't think so," the judge said.

The court also asked the official, Prasanna Kumar Suryadevara, who was present in court, as to where he wanted to go. To this, Suryadevara said he wanted to work in the legislature.

The AIR, his parent department, said it had received a letter from him in December last year saying he wished to go to the Andhra Pradesh State Legislative Assembly.

It also told the court that the official was borrowed by the Delhi government, which had relieved him in August 2016. It also claimed that the legislative assembly was the "sub-borrowing department" and had no say in the matter after the borrowing department relieved him.

The AIR also questioned how Suryadevara's tenure was extended by a Deputy Secretary of the services department of Delhi government when the Lieutenant Governor has already ordered that he be relieved.

"How can people assume powers which they do not have," it asked, adding "how can a Deputy Secretary over-rule the LG?"

The court, after brief arguments, listed the matter for further hearing on April 17.

It was hearing Goel's plea challenging the then Lieutenant Governor Najeeb Jung's order repatriating Suryadevara, an officer belonging to Newsreader-cum-Translator (Telugu) cadre, to the AIR.

Goel had refused to relieve the official, insisting that since he, as the Speaker, held a constitutional office, the LG cannot repatriate the assembly secretary without his concurrence.

Suryadevara had earlier served in the offices of Lok Sabha Speaker Somnath Chatterjee for five years and Rajya Sabha Chairman Hamid Ansari for over six years.