Governor & Its Secretariat Not Independent Entities But Part & Parcel of State Govt: Rajasthan High Court

The Rajasthan High Court has observed that under our Constitutional scheme, a Governor is the Executive Head of the State and all transactions of the State Government are carried out under his authority and name. Thus, the court, while placing reliance on Articles 154 and 162, ruled that it is axiomatic that the office of the Governor is part and parcel of the State Government and as a natural corollary, its Secretariat is also a part of the State Government.Notably, Justice Mahendar Kumar Goyal was examining the status and position of a Governor under our Constitution, i.e., whether he is an independent entity from the State Government or a part of it. Status of Governor's Secretariat"Logically, once the Governor is part of the State Government, as a natural corollary, its Secretariat must also be part of the State Government", said the court. It added that the Constitution does not envisage a separate and independent secretarial service attached to a Governor office inasmuch as wherever it is so required, specific provisions in this regard exist; such as, Articles 98, 146, 187, 229 and 218. Thus, the court opined that there is no constitutional provision providing for a separate and independent Governor Secretarial Service.The court said that Rule 4(1) of the Governors (Allowances and Privileges) Rules of 1987 clinches the entire issue which make a provision for a separate Secretarial staff for a Governor, which shall be provided by the concerned State Government and the expenditure incurred on it shall be charged on the Consolidated Fund of the concerned State, which shall not form part of the Governor's allowance.The court observed that the employees working in the Governor's Secretariat are governed by the Rajasthan Civil Services (CCA) Rules, 1958 and the Secretary to the Governor is the Head of the Department for this purpose and by virtue of Rule 9 read with Schedule III and Rule 15 of the Rules of 1958, is the disciplinary authority for the Ministerial cadre employees in the Governor's Secretariat. From the aforesaid conspectus, the court held that the officers and staff in the Governor's Secretariat, who are provided by the State Government, are part of the State Government. Rules Governing RecruitmentThe court considered the question as to which Service Rules govern the recruitment and other service conditions of the staff working in the Governor's Secretariat; whether the Rules framed by the State Government under Article 309 of the Constitution of India or are there any independent Rules framed by the Governor's office which are applicable on such staff.In this regard, the court said that the State being governed by Rule of law, the public employment has to be governed by Rules/Regulations framed within the constitutional framework and cannot be left to unbridled discretion of any authority, be it the constitutional or the statutory. No independent Rules except the subject guidelines dated 29.1.2013 were cited by the petitioners (employees in the office of Governor) in support of their contention that the Rules framed by the State Government under Article 309 of the Constitution are inapplicable on the staff in the Governor Secretariat, added the court.The court concurred that none of the parties is at variance on the aspect that the Rules of 1970 do not govern the service conditions of the staff working in the Governor Secretariat. The court found substantial force in the state's submission that the Governor's Secretariat is an office under the State Government and hence, it opined that the Rajasthan Subordinate and Ministerial Service Rules, 1999 hold the field.Further, the court observed that petitioners' apprehension that holding the Governor's Secretariat to be an office subordinate to the State Government, may violate the inviolable independence and high constitutional status of the office of the Governor, is wholly misconceived and misplaced inasmuch as the Governor's office and its Secretariat are two separate and independent entities. Legality of Order Promoting Class IV employees To LDC & Relaxing Promotion Quota from 15% to 33%The court said that it is not convinced that the DoP had authority to hold and convey that in absence of applicability of the Rules of 1970, the Governor office was free to frame its own Service Rules or lay down guidelines governing promotion of the Class-IV employees to the post of LDC. The court added that the procedure as prescribed under the Rules of Business has to be followed by the DoP, before framing or amending any Service Rules regulating recruitment and conditions of service of persons appointed to the Public Services and posts.In this regard, the court opined that the procedure prescribed under the Rules of Business has not been followed either before issuance of the letter dated 20.12.2012 or before issuing the order dated 29.1.2013 laying down the guidelines prescribing the promotion criteria. The court observed that the said letter and...

Governor & Its Secretariat Not Independent Entities But Part & Parcel of State Govt: Rajasthan High Court

ANIRUDH VIJAY

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