President has right to appoint CS: SC

The Supreme Court today reserved its order for July 30 on the fundamental rights petition filed by Northern Province Chief Secretary challenging the Chief Minister C.V. Wigneswaran.

The petition which alleged interference with her employment and his bid to remove her from office came up before the Bench comprising Chief Justice Mohan Peiris, Justices Rohini Marasinghe and B.P. Aluwihare.

When the case was resumed today, the SC observed that the right to appoint or remove the NP Chief Secretary would remain with the President.

It also observed that the relevant parties should be informed about the official withdrawal of the circular issued by the Chief Minister.

According to the settlement the Chief Secretary will enjoy her constitutional guarantees but she will have to inform the CM when she leaves the province.
 
Kanag Iswaran PC with M.A. Sumanthiran appearing for the CM said the Chief Secretary should give prior information to the Chief Minister if she intended to take leave or leave the province or go abroad so that the PC work would not be disrupted.

He said she must carry out the lawful order of the CM or the Board of Ministers for the efficient administration of the provincial council and that if agreeable the CM would have no objection to her continuing as Chief Secretary without prejudice to the right of the Chief Minister and the Board of Ministers in removing or appointing a Chief Secretary with their concurrence. (S.S. Selvanayagam)