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Delhi high court rejects plea against Mahajan's appointment

The Delhi high court today dismissed a public interest petition seeking an order restraining the Cabinet secretariat from permitting political advisor to the prime minister, Pramod Mahajan, any access to public records, information or documents.

A division bench, comprising Acting Chief Justice Mahinder Narain and Justice S K Mahajan, asked the counsel for petitioner Haji Quamar Hasan to state under what provision Mahajan was a public servant holding a constitutional office which entitled the court to interfere in the matter.

However, counsel Chitra Markandeya failed to satisfy the court on the question, and the bench subsequently dismissed the petition.

The counsel said since Mahajan held a position with Cabinet rank and his salary and other emoluments were borne by the public exchequer, he fell under the public servant category and the court should entertain the petition.

However, the submission was contrary to the fact that the salary and perquisites of Mahajan came from the budget of the Prime Minister's Office and was not debited to the head of the account of the Cabinet secretariat from which the salaries of the members of the Union council of ministers were met.

The government took the stand that the prime minister had absolute discretion as to who and at what level a person was to be appointed on his personal staff and there was, therefore, no irregularity in Mahajan's appointment as his political advisor.

The petition prayed that the Cabinet secretariat should be restrained from placing at the disposal of Mahajan any salary, allowances, facility, perquisites or paraphernalia or any other mode of payment or to allot any residence or other facility from the public funds or exchequer.

UNI

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