SC stays CBI probe into staff recruitment of UP Vidhan Parishad

The Supreme Court on Friday stayed an order passed by the Allahabad High Court ordering a Central Bureau of Investigation (CBI) probe into the staff recruitment process of the Uttar Pradesh Vidhan Parishad (legislative council).

A bench of Justices Hrishikesh Roy and Sanjay Karol passed an interim stay in the matter and issued notice returnable within a period of four weeks on the plea filed by the council.

The bench was apprised by senior advocate Mukul Rohtagi, who appeared for the council, that the petitioners approached the high court after they were declared unsuccessful in competitive exams, but that recruitment was made strictly in accordance with the rules framed under article 187 of the Constitution.

In its impugned order passed on 18 September, a division bench of Justices Om Prakash Shukla and AR Masoodi of Allahabad High Court had asked the CBI to conduct a preliminary enquiry within a period of six weeks and ordered the registration of a suo motu public interest litigation (PIL) in the matter of "recruitment of staff in Vidhan Parishad Sabha and Vidhan Sabha, Secretariat, UP".

The high court said the decision taken by the secretariat to empanel an external agency, bypassing the rule of the selection committee for conducting the recruitment process, was "shocking".

Prior to the 2019 amendment, the UP Legislative Council Secretariat (Recruitment and Condition of Service) Rules provided for the UP Public Service Commission as the recruitment agency. Earlier in April, a single bench of the high court had dismissed a plea which sought to challenge the process of recruitment of staff to the Vidhan Parishad secretariat.