‘No sovereign function being performed by Suresh Kumar’

Even as Punjab’s chief secretary maintained that no sovereign function is being performed by Suresh Kumar, chief principal secretary to chief minister, Amarinder Singh, the petitioner who has challenged Kumar’s appointment claimed otherwise.

“I will give you an example… He chaired a meeting on farmers’ loan waiver even as the chief secretary was present in the meeting,” petitioner’s lawyer, senior advocate Gurminder Singh told the Punjab and Haryana high court lamenting that government had not been ‘honest’ in its response. Singh sought more time from the court to place on record to show that Kumar was doing more than what state was claiming. The petitioner’s lawyer did not divulge more details on the ‘meeting’ chaired by Kumar.

State countered the claims with additional advocate general, Ramiza Hakim, pointing out that it had been over two years and petitioner had not been able to produce even a single document to substantiate his claims.

To this, the high court bench of chief justice Krishna Murari and justice Arun Palli adjourned the matter for March 6, asking the petitioner to file an affidavit on his claims and some material on the issue. “You file (some relevant material), we can call for record,” the bench observed.

The court was hearing an appeal filed by Punjab government against a single judge order whereby Kumar’s appointment was quashed in January 2018.

In the reply to the high court on the functions and powers of Kumar, chief secretary Karan Avtar Singh had said that Kumar did not exercise any sovereign function. Kumar is a bridge between office of chief minister and various ministries and departments; and aids and assists the chief minister in ‘quick and effective’ decision making, the CS has stated. He termed Kumar merely a ‘staff officer’ who merely conveyed orders of the CM on specific matters to different departments.

The chief secretary added that the CM can delegate his powers to administrative secretaries only and claims of the petitioner that the powers of CM, have been delegated to him are not true. The Chief secretary’s response came on specific directions of the court to list Kumar’s powers and functions. Thenment has concluded its arguments before the division bench and senior advocate, Gurminder Singh has started his arguments on the behalf of Ramandeep Singh, a Mohali resident, who had challenged the appointment.

The single-judge bench had held that Kumar was holding the public office without authority and overriding powers were given to him without any accountability and had set aside the appointment. Subsequently, a division bench had stayed the order on February 14, 2018, and Kumar joined back office. The 1983-batch IAS officer, Kumar was appointed immediately after the Congress government took charge in Punjab in March last year. His appointment was challenged, claiming that Kumar had become a ‘de facto CM’.

SAYS PUNJAB CHIEF SECY IN HIGH COURT EVEN AS PETITIONER CLAIMS GOVERNMENT HAS NOT BEEN ‘HONEST’ IN ITS RESPONSE