[Attachment(s) from Amitabh Thakur included below]
Friends,
If a file says- "Approved by the Chief Minister" and is actually signed by a Secretary to the CM, is it legally valid? Legally, it seems to be against the basic principle of accountability and is certainly prone to be heavily misused by both parties. Today I filed a Writ in Allahabad High Court, Lucknow bench as regards the same.
The Writ Petition challenges the current practice of Secretaries of the Chief Minister office putting their signatures in the name of the Chief Minister. Till 2007, it was not so but later this arrangement came in.
To me it seems that no Rule gives such an authority to any person to sign in any other person's name. While it is lawful for the Chief Minister or Minister to delegate the authority to any particular officer to take decisions, but possibly law does not give any person an authority to ask any other officer to put signature in his name. Such an arrangement seems to be against the principle of accountability and is fraught with extreme dangers because both the concerned parties (CM and the Secretary) can misuse this and can later change their stand. It has the potential of leading to a lot of litigations.
I present a copy of my Petition for your kind perusal and guidance please.
Amitabh Thakur
Lucknow
# 94155-34526
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Attachment(s) from Amitabh Thakur
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