The Haryana government's decision to assign the additional charge of Chief Commissioner of the Haryana Right to Service (RTS) Commission to Chief Secretary Anurag Rastogi has come under legal scrutiny.
Punjab and Haryana High Court advocate Hemant Kumar has questioned the move, claiming it is not in line with the provisions of the Haryana Right to Service Act, 2014.
Kumar has sent a representation to Haryana Governor Prof. Ashim Kumar Ghosh, Chief Minister Nayab Singh Saini, Chief Secretary Anurag Rastogi and several other senior constitutional and administrative authorities, challenging the June 3 order.
The controversy arose after the retirement of former RTS Chief Commissioner T.C. Gupta on attaining the age of 65 years. Following his retirement, the state government assigned the additional charge of the post to the Chief Secretary.
In his representation, Kumar argued that Section 14(2) of the Haryana Right to Service Act clearly states that in the event of a vacancy or absence of the Chief Commissioner, the state government may nominate one of the Commissioners of the Commission to discharge the functions of the Chief Commissioner for a period not exceeding six months.
According to him, the law allows only a serving Commissioner of the RTS Commission to hold the charge temporarily and does not permit the government to assign the responsibility to the Chief Secretary or any other officer outside the Commission.
"The statute is explicit. It permits only a Commissioner of the Commission to act as Chief Commissioner. The Act does not contain any provision enabling the State Government to entrust the post to the Chief Secretary," Hemant asserted in his representation.
He further pointed out that there is currently no serving Commissioner in the Haryana Right to Service Commission. However, he argued that the absence of a Commissioner cannot be used to bypass the provisions of the Act.
He maintained that where the law is silent, the executive cannot create a new mechanism through an administrative order that is inconsistent with the Act itself. He also claimed that since the establishment of the Haryana Right to Service Commission in April 2014, there has been no previous instance where the additional charge of Chief Commissioner was entrusted to the Chief Secretary.
Describing the development as unprecedented, he has urged the Governor and the State Government to review the June 3 order and take corrective action in accordance with the provisions of the Act.
Copies of the representation have been sent to the Governor, Chief Minister, Chief Principal Secretary to the Chief Minister, Chief Secretary, General Administration Department, Haryana State Law Commission, Lokayukta Haryana, Law and Legislative Department, and the Haryana Right to Service Commission.
The Haryana Right to Service Commission is responsible for ensuring the timely delivery of public services and accountability among government departments under the Right to Service framework. The state government has not yet issued any public response to the objections raised in the representation.
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