The Directorate of Accounts and Treasury has (DAT) come under the scanner of the Assembly Secretariat for reportedly trying to overrule Speaker’s direction to the treasury to release last month’s salary to MLAs.
Even as the Speaker’s office was preparing a counter to the order issued by the Under Secretary to the Government, Confidential and Cabinet Department, directing the Assembly Secretariat to provide salary and other facilities to three members appointed as nominated MLAs by the Union Ministry of Home, the DAT returned the December salary bill of 30 MLAs asking the Speaker’s office to include the nominated members in the list for salary disbursement.
Top sources in the Assembly Secretariat told The Hindu that DAT was told in “plain terms” to go by what the Speaker had directed.
“The salary was released only after the Speaker made it clear that he has not recognised the three BJP members, and with the matter pending in the High Court the salary cannot be released,” a source said.
The Speaker had indicated to the DAT that any misrepresentation of the order of the High Court and giving “undesirable directions” to the Secretary of the Assembly might amount to contempt of court.
“The Speaker has not taken lightly the move made by DAT. We may initiate privilege proceedings after making a full assessment of the issue. We need to ascertain under whose directions the DAT returned the salary bill. Obviously, they did not act on their own,” said an official in the Assembly Secretariat.
No review
The Speaker is of the considered view that there was no scope for review of the order issued by him in November stating his stand on the nominated MLAs.
In the order, he had categorically stated that the nominations of V. Saminathan, K.G. Shankar and S. Selvaganapathy — were “ void ab initio since their appointment was made by an incompetent authority and without jurisdiction in contravention of the Constitution of India and the Government of Union Territories Act 1963.”
The Speaker’s office said the High Court, while hearing the writ petitions related to the appointment of the MLAs, did not stay the order of the Speaker.
“The Division Bench of the High Court in its interim order made certain observations which are obiter dictum in nature and the operative portion of the order is only para 20 which has been compiled within letter and spirit. It is clear that the court has not granted any stay of the Speaker’s order,” said an official.
