It is a surprise to learn that the State High Court has indicted the Legislative Assembly in a writ petition filed against the arbitrary action of the then Speaker in making about 37 appointments of various categories in the Assembly Secretariat. The State Vigilance Organization had conducted probe into the allegation and after receiving reply from the Speaker that under various rules of the Assembly, he had the authority to make appointments, shelved the case. However, the High Court has taken serious view of misuse of powers by the Speaker of the Assembly when considering a writ petition against the then Speaker of the Assembly.
Even if the Assembly rules allow a Speaker to make fresh appointments on vacancies, he has to follow the rules and procedures of making appointment. The Apex Court’s verdict in a case is that appointment is a national property and every Indian citizen has the right to it if he fulfils the conditions and goes through the process of selection for which rules are there. The Speaker was expected to advertise the posts and proceed in the selection of suitable candidates, as is the recognized practice. When we have the PSC and the Recruitment Board as recruiting agencies in the State, why should not have the then Speaker referred the vacancies to them instead of taking individual decision. If there has been a precedence of Speaker making appointments without being transparent, that is in contravention of the rules and procedures and the Speaker is not supposed to follow an illegal and unconstitutional procedure. This arbitrary step should not have happened in the Secretariat of Legislative Assembly because the legislature is the guardian of law and justice. Rights of ordinary citizens cannot be ignored by any authority and the Assembly is supposed to protect the rights not damage them. The Court has ordered the Vigilance Organization to reopen the case and proceed with full investigation. We appreciate the bold decision of the Court, which is the real custodian of the rights of the people. This shows that the judiciary will not be hoodwinked and has to be shown due respect. People are happy to see that the law of the land is implemented in letter and in spirit.
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