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SC issues notice to Uttar Pradesh Govt. on plea against its Cabinet Secretary's appointment

January 30, 2012 - New Delhi

The Supreme Court on Monday issued a notice to Uttar Pradesh Government on a plea for transfer of a petition questioning the validity of Shashank Shekhar Singh's appointment as the state's cabinet secretary to itself from the Allahabad High Court.

Justices H L Dattu and C K Prasad also sought replies from the Central Government and from Singh on an application which asked the court to examine the validity of Singh's appointment after transferring the plea from the high court.

The bench issued notices on a public interest litigation filed by an Uttar Pradesh native Harish Chandra Pandey, who alleged that Singh, despite not belonging to the IAS cadre, has been occupying the IAS cadre posts for the last twenty years.

"He was initially appointed as a pilot in the Government of Uttar Pradesh in 1979 and was promoted as Director of Civil Aviation in 1982. Thereafter, Singh, who is not an IAS, was posted on various cadre posts of the Indian Administrative Service," said advocate Abhishek Manu Singhvi appearing for the petitioner.

The petition said such postings for him have continued for over twenty years and neither the state government nor the Centre has taken any step to end the "absolutely illegal usurpation of office."

The bench, which initially showed reluctance to entertain the petition due to the issue being with the high court, agreed to issue the notice on the plea for transfer of the case from the high court to the apex court.


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