Challenging the recent dismissal of Suresh Kumar (Retd IAS:1983:PB), Punjab CM’s Chief Principal Secretary, the state govt, last week, had filed an appeal in Punjab and Haryana High Court stating that the state has “unequivocal powers” to make contractual appointments.
The HC today stayed the dismissal of Kumar and observed that the single bench could not have exercised the jurisdiction in a writ of quo warranto. It observed that the courts should not, and can not, intervene in government’s decisions. The HC questioned the decision of the single bench as it appeared have exercised its power of correctional jurisdiction. It said that if it was a cause of public interest, the matter should have been listed before an appropriate bench.
The Punjab Government had clarified that Kumar did not held a public office and he did not have the power to perform any sovereign functions of the state. The govt also said the standing order on Kumar’s post and powers were “wrongly interpreted”.