'If everything is hunky-dory': SC asks Centre to produce file related to appointment of EC Arun Goel

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Published : Nov 23, 2022, 4:13 PM IST

Updated : Nov 23, 2022, 6:16 PM IST

'If everything is hunky-dory': SC asks Centre to produce file related to appointment of EC Arun Goel

The Supreme Court asked the Centre on Wednesday to produce before it the file related to the appointment of Election Commissioner Arun Goel, who was appointed on November 19.

New Delhi: The Supreme Court Wednesday asked the centre to hand over to it the files related to the recent appointment of retired Punjab cadre IAS officer Arun Goel as the new Election Commissioner.

A five-judge Constitution bench headed by Justice K M Joseph, which is hearing petitions seeking an independent mechanism to appoint Election Commissioner, said it wanted to know whether everything was "hunky dory" in Goel's appointment as election commissioner as he was only recently given voluntary retirement from service.

Interestingly, the apex court said that it would have been appropriate had the appointment not been made when the matter was being heard. The Attorney General has been asked to produce the files on Thursday. Advocate Prashant Bhushan, on behalf of the petitioner, submitted that Goel was given a Voluntary Retirement from Service on Thursday and his appointment was notified on November 21.

"The latest appointment of Mr. Arun Goel, this has been made, by giving him voluntary retirement. Everybody who has been appointed as Election Commissioners are retired people. But he was a sitting Secretary in the Government. Thursday this Court heard the arguments. Friday he was given voluntary retirement. His appointment order was issued on Saturday or Sunday. And Monday he started working," Bhushan said.

He added that the post had been lying vacant since May and that he had filed an application seeking interim orders against the appointment. "So what process? So what procedure? In one day, you rush through his VRS...", Bhushan said.

Justice KM Joseph, who is heading the Constitution Bench, said that normally for VRS, the employee must give 3 months notice. Bhushan replied that he doubted whether the notice has been given. "That is why the Court should ask for the records", the lawyer urged.

Also read: Need a CEC who can even take action against prime minister, says SC

Attorney General for India R Venkataramani objected to the issue of Goel's appointment being "juxtaposed" into this case where the Court is considering a larger issue. "I strongly oppose", AG said adding that there is "no design" behind the appointment as projected by Bhushan.

In response, Justice Joseph said, "We heard the case last Thursday. At that stage, Mr. Bhushan said there is an interim application. Then the next hearing takes place yesterday. Therefore, we would like you to produce the files relating to the appointment of this officer. So that if you are in the right, as you claim, that there is no hanky-panky, then there is nothing to fear".

Justice Joseph said that the Court would like to know what is the mechanism followed. "What is the mechanism by which this officer was picked up Mr.Attorney General? Can it be made when the matter was being considered by this Court? The appointment was made when the matter was being considered by this Court. When there is an application against the appointment, when that matter is being heard by the Constitution Bench, it would have been more appropriate ...", Justice Joseph stated.

Attorney General stated that there was no injunction against the appointments. "There was no such order. But the application was there. Anyways, let that go. We are not sitting in judgment over the appointment. But we would like to know. This will be an eyeopener. If everything is hunky-dory, everything was going on smoothly as you claim, you have nothing to fear", Justice Joseph.

"We are only asking you to produce the files, unless you have any legitimate objection", Justice Joseph told the AG, who was protesting. "By seeing that, it will be an advantage for you, if there is a due procedure", Justice Joseph added. "We would like to have that(the files)", the judge added.

In a statement on Monday, the Election Commission of India (ECI) said Goel had “catalyzed e-vehicle movement in India to a tipping point” as heavy industries secretary. Prior to that, he had served as secretary in the Union Ministry of Culture, vice-chairman of the Delhi Development Authority and in various capacities in the Union finance, urban development and labour & employment ministries.

Last Updated :Nov 23, 2022, 6:16 PM IST
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