S.S.SARON, J. - (1.) This order will dispose of the above two petitions, i.e. CWP No.6715 of 2012 titled 'Jagmohan Singh Bhatti v. Union of India and others' and CWP No.10167 of 2012 titled 'H.C. Arora v. State of Punjab and others', as the petitioners in both the petitions seek the same relief of quashing the appointments of the private respondents in the respective petitions as Chief Parliamentary Secretaries in the State of Punjab.
(2.) Mr. Jagmohan Singh Bhatti, Advocate - the petitioner in CWP No. 6715 of 2012 seeks a writ in the nature of quo warranto declaring the posts of Chief Parliamentary Secretaries held by respondents No.6 to 26 in his petition to be illegal, unconstitutional and contrary to; besides, being in utter disregard to the Constitution (Ninety-first Amendment) Act, 2003 to the Constitution of India and for quashing their appointments as such being illegal, unconstitutional, arbitrary and under undue influence of the respondents in the eyes of law. A further prayer has been made for issuance of a writ in the nature of prohibition restraining the Finance Department of the State of Punjab not to bear the expenses of the said illegal appointees which are in violation of the Constitution (Ninety-first Amendment) Act, 2003 to the Constitution of India and to withdraw all the facilities extended to said respondents No.6 to 26 in the said petition in the interest of the State, its people and the State exchequer. A further writ has been sought for directing respondents No.1 to 4 to dispense with the services of respondents No.6 to 26 forthwith.
(3.) Mr. H.C. Arora, Advocate - the petitioner in CWP No. 10167 of 2012 seeks quashing of the notification dated 04.05.2006 (Annexure P1 with the said writ petition) to the extent that it empowers the Chief Parliamentary Secretaries to function as intermediary channels between the Administrative Secretaries of the State Government and the concerned Ministers stating the same to be in violation of the provisions of Article 164 (3) of the Constitution of India, as read with the oath of secrecy administered to the Chief Minister/Deputy Chief Minister and other Ministers of Punjab, which makes it mandatory for them not to reveal any matter to anybody else, either directly or indirectly, which may come under their consideration. A prayer for issuance of a writ has been made for quashing the circular dated 09.05.2012 (Annexure P3 with the said writ petition) issued by the Principal Secretary to Government of Punjab, Department of Rural Development and Panchayats (Budget and Accounts Section), Punjab (respondent No.2) to the extent it confers powers on the Chief Parliamentary Secretaries to disburse discretionary grants to the extent of L 1.50 crore each, terming the same to be in violation of even the functions of the Chief Parliamentary Secretaries vide notification dated 04.05.2006 (Annexure P1 with the said writ petition) and for restraining respondents No.3 to 23 (Chief Parliamentary Secretaries) in the said petition from dealing with the files going from the Administrative Secretaries of the concerned departments of the State Government to the Chief Minister/Deputy Chief Minister and other Ministers.;