The Patna High Court issued notices on Monday to the Central and Bihar governments in connection with the transfer of 17 IPS officers and Governor Buta Singh's letter to Railway Minister Lalu Prasad, allegedly seeking favour for a railway officer.
A division bench comprising Chief Justice J N Bhatt and Justice Shashank Kumar Singh also ordered issue of notices to the advisor to the Bihar Governor Arun Pathak, Chief Secretary G S Kang and the then Home Secretary A K Biswas on two public interest litigations.
The PILs challenged the recent transfer of 17 IPS officers, which had prompted the chief secretary to go on protest leave and the governor's alleged recommendation letter to the Railway minister.
The bench dwelt on whether a notice could be issued to the governor, who enjoyed immunity from judicial proceedings for exercise of his powers. The judges observed that nobody was above law and the conduct of any person, however high a post he might occupy, could be scrutinised if he transgressed his jurisdiction.
Admitting that the court was 'not powerless' in such matters, the Advocate General Shashi Anugrah Narayan said that since Buta Singh has not been made a part in the two PILs, there was no question of issuing a notice to him. Narayan's contention was accepted by the court.
Those served notices were to submit their replies by September 26.
