Constitutional Law : SC vacates stay on UP CIC's suspension
Posted on : 18 November 2008 by Y.Prakash [ Scorecard : 9248]
The Mayawati Government on Tuesday received a boost with the Supreme Court vacating the stay imposed by the Allahabad High Court on the suspension of the State Chief Information Commissioner, Justice (retd) Azgar Ali Khan.
A bench of Justices B N Aggrawal and G S Singhvi also transferred the case, pending before the High Court, to itself on a special leave petition filed by the UP Government.
The apex court also observed that it was improper both on the part of the High Court to have entertained Justice Khan's petition, and for the latter to approach it to get the suspension stayed.
"You should have been gracious. You have been a judge," the bench told Senior Counsel Mukul Rohtagi appearing for the suspended Chief Information Commissioner, while taking exception to the fact that the latter had obtained a stay from the High Court when the matter was pending before the apex court.
The apex court rejected the argument of the counsel that the CIC's post was quasi-judicial in nature like that of the Lok Ayukta.
The bench remarked that most of such appointments in the country are political appointments.
Justice Khan, was placed under suspension by the UP Government on 9th July on various charges of misconduct and in view of the statutory requirement, the order suspending him was referred to the Supreme Court by the State Governor
