Centre files affidavit, says Shashank's power illegal

The hard luck eventually befell upon the UP Cabinet Secretary and Mayawati’s Left-Hand (as usually in most of Mayawati’s press conference, Singh, the trusted man of Mayawati occupies the chair left to her) Shashank Shekhar Singh.

A PIL filed in the Allahabad High Court on Monday said Shashank Shekhar Singh’s appointment, as cabinet secretary was invalid. The court may cut down his official status. The Court wanted to know the procedure under which a non-IAS officer was made the cabinet secretary.

His ministerial powers enjoying by him were taken over from him on Saturday. However he was allowed to continue on the post of the vice-chairman of the state planning commission, but would not enjoy the rank and status of minister, as Mayawati announced in the state legislature. The secret behind handed over his power to CM as she revealed, was a request made by him before her.

State Chief Secretary Prashant Kumar Mishra would be the administrative head of the secretariat and powers and responsibilities lifting by cabinet secretary would be handed over to the Chief Secretary, the UP Chief Minister said.

The Dawn of Drama

The drama of stripping of powers enjoying by Cabinet Secretary Shashank Shekhar Singh, a confidante of Mayawati commenced, a day after an accused in the multi-million Kidney racket made allegations against him.

Dr. Upendra Aggarwal, one of the prime accused in the kidney racket told the UP police that a house in Noida used for illegal surgeries was owned by Shashank Shekhar.

Later, Leader of Opposition and Samajwadi Party chief, Mulayam Singh Yadav charged that Shashank’s continuance as cabinet secretary with the minister-status was in gross violation of the constitution. Since Shashank was not an IAS-officer and had not been administered the oath of office and secrecy as done with ministers.

Besides, the bureaucracy had been launching a sustained campaign against him saying that a non-IAS officer couldn't continue as a Cabinet Secretary.

Mayawati replied that Singh would remain as cabinet secretary, but would be relieved of the charge of Administrative Head and the status of Cabinet Minister.

Singh’s scaling to Cabinet Secretary

Shashank Shekhar, a pilot by profession, by making drastic amendments in the 1975 Transaction of Business Rules put himself on par with the Chief Secretary soon after Mayawati’s taking sworn as CM.

Mayawati now said that Business Rules, which were amended by her government to accommodate Shashank Shekhar, would be changed again. The chief secretary will be now administrative head.

Attorney General’s view

Milon Banerjee, the Attorney General in reply to a query put by officials of the Union Law Ministry clarified that Singh’s appointment, as cabinet secretary is unconstitutional and ultra vires under the Indian Administrative Service Cadre Rules.

Centre’s stand

The Central government interference came after a PIL filed by a lawyer in Lucknow seeking Central and State government clarification for the appointment of Shashank Shekhar as the Cabinet Secretary and appealed for quashing of the appointment since it violated cadre rules and Article 312 of the Constitution.

The sources says that the centre, which decides service rules for officers, is likely to submit an affidavit in court saying that Shashank Shekhar Singh 's appointment and powers are against rules.