Punjab and Haryana High Court Wednesday stayed the dismissal of Punjab Chief Minister’s Chief Principal Secretary Suresh Kumar and observed that the single bench could not have exercised the jurisdiction in a writ of quo warranto.
The bench observed that the courts cannot intervene in government decisions in such a manner. “There are serious pitfalls when courts start intervening in such a manner”.
The bench observed that it is exercising its power of correctional jurisdiction. The division bench further observed that the petitioner doesn’t seem to have any link with governance and if it was a cause of public interest, the matter should have been listed before an appropriate bench.
Challenging the recent dismissal of the Chief Minister’s Chief Principal Secretary, Suresh Kumar, the Punjab government last week had filed an appeal before the Punjab and Haryana High Court against the single bench judgment, stating that the state has “unequivocal powers” to make contractual appointments.
The government has denied that Kumar held a public office and had the power to perform any sovereign functions of the state while questioning the jurisdiction exercised by the single bench in the matter in a writ of quo warranto. It has said the standing order on Kumar’s post and powers were “wrongly interpreted”.