SC to hear Puducherry L-G’s plea for clarity on powers

The Supreme Court yesterday agreed to hear a petition filed by Puducherry Lieutenant Governor Kiran Bedi seeking clarity in the administrative control of the Union Territory.Bedi, in her plea, argued that government officers in Puducherry were caught in a bind after the court issued a notice on a Madras High Court order that curbed her powers.Bedi’s lawyer Gagan Gupta said in the petition: “Direct that status quo ante be maintained as regards administrative functioning in the Union Territory of Puducherry as it existed prior to passing of the impugned (Madras High Court order) judgment of April 30, during pendency of the present petition.” Bedi and Chief Minister V Narayanasamy have been at loggerheads on administrative issues ever since she assumed office in May, 2016. In the wake of the standoff, Bedi moved the Madras High Court seeking clarity on control of bureaucrats in Puducherry.The high court on April 30 ruled that the lieutenant governor “cannot interfere with the activities of the elected government”.Bedi’s petition contended that the chief minister has issued a note quoting the high court order and directed the chief secretary, the development commissioner-cum-secretary and the commissioner-cum-secretary should review all the existing standing orders issued by the departments concerned and then amend them in tune with the high court order.“A department-wise note in this regard has been called for,” said Bedi’s lawyer.Highlighting the confusion among officers in the light of the high court order, the petition claimed: “The officers are in a quandary as to whether to implement the directions of the high court or otherwise. That the officers are being threatened with contempt action is leading to an administrative chaos, hence the urgency (for an early hearing).” On May 10, the Supreme Court admitted Bedi’s appeal seeking to stay the high court decision and issued a notice to various respondents, including the state government. Bedi’s petition claimed that the high court had not understood the true import of the Union Territories Act.Bedi’s lawyer urged the Supreme Court to direct that officers in the Union Territory administration not be harassed or threatened in any manner citing the high court order, during pendency of this petition.“The high court has equated the L-G of Puducherry to the L-G of NCT of Delhi, despite the fact that the former enjoys greater discretionary powers and has a special responsibility towards Puducherry,” the plea said.Bedi’s lawyer informed the top court that the chief minister had issued orders even after its May 10 notice.Earlier appearing for the central government, Solicitor General Tushar Mehta told the court that the government was willing to challenge the Madras High Court’s decision and sought an urgent listing of the matter.