Uttar Pradesh governor to move apex court on transfer issue
Lucknow : Uttar Pradesh Governor T.V. Rajeshwar is set to move the Supreme Court against a high court order issuing a directive to his office to release his legal advisor Pradeep Kumar Dube, who was transferred last month without his assent.
Rajeshwar, who was thinking of seeking President A.P.J. Abdul Kalam's intervention, has instead decided to move the apex court, a source in the Raj Bhavan or governor's office told IANS.
Senior counsel of the apex court Gopal Subramaniam is likely to petition the court Monday on the governor's behalf.
Rajeshwar took strong exception to Dube's transfer to the state judicial service, as it was done without his approval. Dube too did not join his new appointment.
The high court Saturday issued a directive to the governor's principal secretary Lov Verma to promptly release Dube. The court also asked Verma to appear in the court July 4.
The court termed Raj Bhavan's action as "unfortunate, intemperate, obstinate, arrogant, unbridled, untamed and almost contemptuous". It also castigated the governor's office for "interference in judicial functioning" and "challenging judicial independence".
The order came on a public interest litigation moved by Bar Association secretary Rajesh Pandey.
The high court registrar general had issued order for Dube's suspension June 16 for "non compliance of the transfer order".
Dube, who was initially given a plum posting as additional district judge in Lucknow, has now been asked to join in Ballia, where he is assigned as a "suspended" officer.
The court has also posted another judicial officer, Vijay Verma, to the Raj Bhawan to replace Dube.
Court officials maintain that since Dube belonged to the state judicial service, whose administrative control vests with the chief justice, the governor's concurrence was not mandatory in his transfer.
"In any case, Dube had stayed on deputation to Raj Bhavan for more than 12 years - which was far beyond the permissible limits for any deputation," pointed out a senior judicial functionary.
He also described Dube as an officer of "doubtful integrity".
