Saturday, August 21, 2010

Entering the unknown

I had asked that question to sarkar who issues orders appointing Cabinet Secretary? And they had given a vague non-specific reply.

I followed it up with a so called appeal on 19th of last month and I have now even got a reply from the department on my appeal filed.

They are saying basically now that you are making a fuss around here, and that there's a difference between who orders and who issues orders. And I looked into the mirror and thought that do I look that stupid as these guys think I am.

The recent reply goes on to say that Prime Minister approves the appointment and then some Under Secy issues the orders.

I am going to ask them then why didn't they tell specifically exactly which Under Secy issues the order in that case. They still know they can't tell because there really is no difference between the person authorized to order and person authorized to issue order. And if there really is a difference, then why don't they tell us who orders the appointment in that case?

Actually, so far these responses from the departments were predictable because you can't really expect machine-heads sloths to think at level of constitution and Westminster Parliamentary system and all.

Now, the appeal is supposed to go to Wajahat Habibullah, the CIC himself , in person and not to any other Information Commissioner. A google showd that he has been a student of history and constitution in J&K before joining the IAS in the 60s.

I am preparing the appeal nowadays and gathering evidence to convince him. So far I have found that I am on the right track because the official websites of UK and Canadian government , which follow the same Parliamentary system and which Supreme court usually refers to in constitutional cases, show appointments of Cabinet Secretary is made by the Queen and Governor-General respectively and not the Prime Minister.

Evidence is pointing in the direction that junior really does not even issue order of appointing his own senior anywhere.

The next mile is unchartered territory. I don't know what is ahead.

Wish me luck.


beautiful_life said...

junior really does not even issue order of appointing his own senior anywhere....
hmm... yeah.... n dats the whole point in this interesting "saga" :)
next mile is unchartered territory!
All the best!

beautiful_life said...

good gracious! issues, approvals...
itna to kabhi research paper ya patent likhne me bhi dhyan nahi diya ... lolz
n dats y mabe u did put in their presumption "you can't really expect machine-heads sloths"...
ah! kidding.. but yeah... dont you think there IS a fundamental difference...
- well going by "THEE so-called legal TERMINOLOGY"

but then there is a point..does anywhere a "junior does issue orders of appointing his own senior"?? errr... well I must checkout as well to confirm