CPS & PS can not ask questions in Assembly: Kuldeep Singh Pathania

Speaker of Himachal Pradesh Kuldeep Singh Pathania stated in the assembly today that the Chief Parliamentary Secretary and Parliamentary Secretaries could not authorized to ask queries in the state assembly since in the house he represents the Government and being the part of Government the rule of the house did not permit him to ask any questions and supplementary query in the assembly.
Giving a ruling on this matter in the State Assembly Mr Pathania said that a point of order was raised by the leader of the Opposition Jai Ram Thakur that Mr. Sanjay Awasthi, by virtue of being CPS and part of the Government could not be allowed to raise a supplementary query. The speaker said that the query asked by Mr. Awasthi stood expunged (removed) from the record of the house and it would not be part of the records of today’s proceedings.

CPS and PS are a product of this assembly as an Act was passed by this house to appoint them and they like the cabinet minister are also authorized to sign the government file and be the functionary of the government according to the rule of this house the CPS being the member of treasury benches and MLA could not ask query being the in charge of the department and being part of Government. ” Speaker said in the ruling.
Earlier in the morning Sanjay Awasthi raised an issue supplementary query about a cement plant but he was interrupted by the opposition benches and the Leader of the opposition stating that CPS could not be allowed to raise the query. 
Replying to the objections raised by the opposition members Speaker stated that he would give a ruling on the issue after launch after going through the rule book of the house. Speaker announcing his ruling on the right of CPS in the house he stated that henceforth no CPS and PS would have the privilege to ask the query in the house. 

Earlier replying to a query Chief Minister defending Sanjay Awasthi stated that CPS is not a constitutional functionary like the minister, they have no privilege like the minister to make policy decisions.  

 ”He said that CPS is never parallel to ministers and they could not be given the status of minister.  CPs also could not use tricolor or red bacon on their vehicle. 

Mr Sukhu added that they could not do anything apart from signing the files which even clerks to the secretary in the process of government proceedings do. CPS is just authorized to sign the file but his recommendation is not binding to anyone. Since the CPS could not make policy decisions they could not be termed the constitutional functionary. 

CM said that it was after the high court decision of 2004 that the erstwhile government was asked took resign the CPS and PS as the court held that CPS and PS are not created posts and their appointment is not legal. Mr Sukhu said that the government came up with the CPS and PS Act after the court decision and created eight posts which were never constitutional post as it was created under enactment. 

Replying to the objection raised by the leader of the Opposition Chief Minister stated that the BJP has also appointed a chief whip and whip and created posts like this CPS and PS are created post not constitutional functionaries.

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