Govt’s new year sans cabinet secy

Official sources said the Secretary (Coordination) in the Cabinet Secretariat, N P Singh, will function in Subramanian’s place until the matter is settled by CAT.

The controversy that has arisen over the Cabinet Secretary’s extension has put the Gujral Government in a bind as another crucial appointment is due this month. The Director Intelligence Bureau, Arun Bhagat, retires on January 31, 1998.

In fact, the Tribunal today wanted to know what the Government intended to do about others who are retiring during its caretaker tenure.

Arguing on behalf of the Government for vacation of the stay, eminent jurist Soli Sorabjee contended that the decision to give Subramanian a three-month extension was taken by Prime Minister I K Gujral in consultation with Home Minister Inderjit Gupta in keeping with the rules.

He submitted that the Government did not want to appoint a new Cabinet Secretary in view of the fact that it was in a caretaker position and it did not want its decision to bind down the next government.

Sorabjee said that Subramanian had never sought an extension and as such there was no prima facie case as alleged by the petitioners. He contended that the petitioners had no locus stand to question the Cabinet Secretary’s extension.

To Sorabjee’s query whether Subramanian could attend office, bench members CAT Vice-Chairman Jose P Vergese and Judge S P Biswas observed, “Absolutely not, as there is a stay in operation.” Tribunal sources said contempt proceedings could be initiated against Subramanian if the stay order was violated.

Appealing for a vacation of the stay order, Sorabjee submitted that it had created a vacuum at the highest levels and posed administrative difficulties for the Government “granting a stay on such petitions would have far reaching effects,” he said.

The Tribunal also expressed dissatisfaction over the documents furnished by the government pertaining to Subramanian’s extension. They consisted mainly of loose papers, prompting the bench to observe, “We want the original files which have been duly processed.”