COURTESY HT JAN 15

Haryana guv finds own govt opposing him
Arya’s orders to extend term of Red Cross Society general secretary termed illegal by advocate general in HC
Hitender Rao

hrao@hindustantimes.com

Chandigarh : Haryana governor Satyadeo Narain Arya, the executive head of the state government, was left embarrassed after the state government termed his orders to extend the services of the general secretary of Haryana branch of Indian Red Cross Society ‘illegal’ before the Punjab and Haryana high court. As per Article 154 of the Constitution, the executive power of the state is vested in the governor.

Appearing for the state government and secretary to the governor, Haryana advocate general (AG) BR Mahajan told a single judge bench of the high court that “the order passed is illegal and, therefore, the extension could not be granted.”

The governor, who is the president of the Haryana branch of the Indian Red Cross Society, had on June 2 extended the term of DR Sharma as general secretary, Indian Red Cross Society and state secretary, St John Ambulance, Haryana State Centre, Chandigarh, until his superannuation on April 30, 2022. Chief Minister, ML Khattar is the vice-president of Haryana branch of the Indian Red Cross Society.

The extension was subsequently challenged before the HC. While a single bench of the HC had on January 6 set aside the extension granted to Sharma stating it is clearly beyond what has been provided in the Staff Rules, 2017, a division bench headed by chief justice Ravi Shanker Jha on January 12 stayed the single bench’s order.

“It is important to note here that the Haryana advocate general has taken a stand that the decision of the president of the society has not been ratified as required under rule 6 although a meeting of the managing committee has already taken place,” reads the January 6 HC order.

When asked why the state government opposed the governor’s orders before the high court, the AG said the state merely reiterated the stand taken by the national body of the Indian Red Cross Society.

“The national body has also taken a stand that the extension order passed was illegal,’’ said Mahajan.

Advisor to the governor Akhilesh Kumar, on being asked about state government’s opposition to the governor’s orders, said, “As of now a division bench has stayed the orders of the single bench. We will have to deliberate on this extension matter. I will be able to comment only after discussing it with officers,’’ he said. Secretary to governor G Anupama refused to comment on the development.

Anupama, who was also represented by the AG in the high court, is the senior-most officer manning the governor’s establishment. She is also an administrative secretary to the government. Officials familiar with the development said it is quite absurd that while representing the secretary to the governor, the AG committed the impropriety of terming the governor’s orders ‘illegal’.

“Without going into the merits of the governor’s order, it is preposterous for the government machinery to take a contrary stance and that too in a trivial matter pertaining to a society,’’ said an official, who requested anonymity