HIGH COURT OF JUDICATURE AT ALLAHABAD Governor's order retaining legal adviser stayed COURT NO.21 Writ (PIL) Petition No. 33146 of 2006 In Re : Secretary, High Court Bar Association, Allahabad Hon'ble the Chief Justice in an exceptionally courteous language that suited the occasion replied as under:- "Justice Ajoy Nath Ray HIGH COURT Chief Justice ALLAHABAD My 18, 2006 Dear Excellency, Thank you very much for your letter dated the 10th of May, 2006. With a lot of concern and with the deepest of respect, I am constrained to answer that it has become absolutely essential to put Sri P.K. Dubey in the normal pool of transfer this year. He has been serving in the same post for nearly 12-13 years and keeping him there any further will send out a bad signal for others. Apologizing profusely for being unable to accede to your Excellency's requirement, I send you my warmest regards. Yours Sincerely Sd/- Ajoy Nath Ray His Excellency the Governor, Uttar Pradesh Raj Bhawan Lucknow." Unfortunately the aforesaid response of the Chief Justice was met with an authoritative communication of His Excellency the Governor himself reiterating the stand taken earlier, quoted herein below: "T.V. Rajeswar Raj Bhawan Governor, Uttar Pradesh Lucknow - 227 132 No: RB/OSD/191 May 22, 2006 Dear Chief Justice Please refer to your letter dated May 18, 2006 regarding Shri P.K. Dubey, Additional Legal Advisor in the Governor's Secretariat. 2. I am constrained to point out that the procedure taken in contemplating his transfer and posting a substitute in his place has not been in the fitness of things. The Registrar General of Allahabad High Court Wrote On May 9, 2006 To My Principal Secretary Stating That Shri P.K. Dubey's Reversion To The Regular Line And Posting Of A Substitute Were Under Process, "Which Would Be Completed Very Shortly". I Also Learn That The Registrar General Had Sent Out A Circular On May 9, 2006 Itself To The District Judges, Asking For Volunteers For The Post Of Legal Advisor In The Governor's Secretariat And That Their Reply Should Reach Him By May 12. 3. Since the question of transfer of Shri P.K. Dubey has been a subject of correspondence between the Chief Justice and the Governor since June 2005, it was surprising that the Registrar General should have intimated my Principal Secretary regarding the proposed transfer and simultaneously going ahead looking for a substitute, presuming that he would be replaced. A Legal Advisor on deputation to the Governor's Secretariat cannot be transferred without the Governor's consent. 4. For reason already mentioned in my letter of May 10, 2006, Shri P.K. Dubey's services cannot be spared at present and he would be, no doubt, relieved by May-June, 2007. "S.M.A. KAZMI ADVOCATE GENERAL (UTTAR PRADESH) 23.6.2006 To, Sri Lov Verma Principal Secretary to His Excellency the Governor of Uttar Pradesh Raj Bhavan, Lucknow. Sub: Writ (PIL) Petition No. 33146 of 2006 in-re secretary, High Court Bar Association. Copy to : 1. Chief Secretary, Govt. of U.P, Lucknow 2. Principal Secretary to Hon'be Chief Minister,