UP governor-HC face-off: SC refers matter to CJI

The Supreme Court today asked the Allahabad High Court not to proceed further with the hearing on the issue of transfer of Uttar Pradesh Governor T V Rajeshwar's legal aide and expressed displeasure over Raj Bhawan's letter to the court over the issue.

It made clear that the High Court would have primacy in the transfer and posting of judicial officers in any of the offices under the Executive.

Making the request, a Vacation Bench of Justice A R Lakshmanan and Justice Altmas Kabir referred the matter to Chief Justice of India Y K Sabharwal for placing before a larger Bench.

The Bench, however, said the pendency of this matter before the Supreme Court would not prevent the governor and the Allahabad High Court Chief Justice from resolving the issue to give a quietus to the whole controversy.

The Court said the governor should have invited the Chief Justice for dinner and sorted out the issue. "Had I been the Chief Justice (of the High Court), I would have invited the governor for tea to sort out the issue," Lakshmanan observed.

The Bench expressed displeasure over the tone and tenor of the letters written by the Raj Bhawan to the Chief Justice of the Allahabad High Court. "What is this language," the court observed about the Raj Bhawan letters.

On the fate of Rajeshwar's Additional Legal Advisor Pradeep Dubey, who has been suspended by the High Court, the Bench said "let the High Court deal with him."

The Court issued notices to all respondents in the matter asking them to file their replies within four weeks.

Additional Solicitor General Gopal Subramanium tried to defend the governor's action and said what the Raj Bhawan wanted was only a panel of three judicial officers from which Raj Bhawan could have chosen one as his Additional Legal Advisor.

He accused the Uttar Pradesh government of precipitating the situation by issuing notification for appointment of judicial officer Vijay Verma in place of Dubey without consulting the governor.

While admitting that the High Court could recall its judicial officer working under the Executive, Subramanium said the governor or the High Court could not have unilaterally posted a judicial officer in the Raj Bhawan without consulting the governor.

The Centre had yesterday moved the Supreme Court to avert a possible Constitutional crisis arising out of the face-off between the UP governor and Allahabad High Court over the issue. When the ASG mentioned the matter before the Bench yesterday, it had observed "it seems to be a case of ego clash."

Dubey, a judicial official holding the post for the last 12 years, was recently transferred out of the Raj Bhawan by the HC which asked him to take charge as Additional District Judge at Ballia. As the Raj Bhawan reportedly refused to comply with the order, the High Court suspended Dubey.