UP Governor-HC face-off: SC unhappy, matter with CJI

A full Bench of the HC had last week ordered immediate recall of Dubey and declared as inoperative the Governor’s decision to cancel its order suspending Dubey. The suspension order came after the Raj Bhavan refused to honour an earlier HC direction transferring out Dubey, who had been holding the post of ALA since more than a decade.

The Bench stated that the HC would have primacy in the matter of posting and transfer of judicial officers in any office under the executive. ‘‘Let the HC deal with him,’’ the court said and referred the petition to CJI Justice Y.K. Sabharwal for placing it before a larger Bench.

The apex court also asked the HC not to proceed further with the hearing on the issue, which had precipitated the present crisis and led to the stand-off.

It, however, left it open for the HC and Raj Bhavan to sort out the controversy through dialogue. Justice A.R. Lakshmanan suggested it in as many words. ‘‘Had I been the Chief Justice (of the HC), I would have invited the Governor for tea to sort out the issue’’, he said. Yesterday also, when Additional Solicitor General Gopal Subramanim mentioned the matter in the court, Justice Lakshmanan had observed that ‘‘it appeared to be a clash of ego.’’

Today, the ASG tried in vain to defend the Governor’s action saying he had only wanted a panel of three judicial officers from among whom he could have chosen one as his ALA. However, the UP Government had precipitated the issue by notifying the appointment of Vijay Verma to replace Dubey without consulting the Governor, Subramanium claimed.

Admitting that the High Court was within powers to recall its judicial officer working under the executive, Subramanium said this did not mean that the HC could unilaterally appoint a judicial officer in the Raj Bhawan without consulting the Governor.