The Delhi High Court has stayed the two show-cause notices issued by the 'Question and Reference Committee' of the State Assembly to Delhi Chief Secretary M.M. Kutty.
"Given the tenor of the communications from the Question and Reference Committee to the applicant, we have no doubt that the applicant would be seriously prejudiced by non-grant of ad interim directions, as prayed, by the applicant," the Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar observed.
The notices were issued to Mr. Kutty for not following the Assembly's direction to incorporate adverse remarks in the Annual Confidential Report (ACR) of a bureaucrat.
Mr. Kutty has defended his stand by placing reliance on a Standing Order issued by the Lt. Governor of Delhi, requiring all service related matters pertaining to IAS officers to be put up before him. In view of this order, Mr. Kutty had forwarded the ACR of the concerned bureaucrat to the L-G.
This justification, however, did not find favor with the Committee, which then issued a show-cause notice to Mr. Kutty and directed him to appear before it. On Mr. Kutty's request to reschedule the meeting, he was only granted an extension of an hour.
This extension, the Court observed, was "unreasonable". It then went on to stay the notices, opining, "Prima facie, it appear that the rescheduling of the meeting, by merely one hour, in response to the request contained in the applicant’s letter dated 12th October, 2017, is unreasonable."
The matter has now been directed to be listed on 8 November.
Read the Order Here