MLAs can’t inspect office: Bir Devinder

Sarbjit Dhaliwal

Tribune News Service

Chandigarh, April 29

Former Deputy Speaker Bir Devinder Singh has said that an MLA has no authority to seek any information directly from any officer or to inspect any office on his own.

Speaking to The Tribune about information sought by Gurdaspur MLA Brindermeet Singh Pahra from the GM of the milk plant, he said that the legitimate route for an MLA was by asking a starred or non-starred question in the Assembly.

Besides, an MLA can give a short notice in the Vidhan Sabha to ask for information in a specified period and move a call attention motion to seek it immediately in an urgent matter. The legal right to inspect or examine the functioning of any public undertaking rests with the Vidhan Sabha’s Committee on Public Undertakings.

“The committee or a sub- committee appointed by it could inspect any office and examine the records and seek information from the officer(s) concerned,” said Bir Devinder Singh adding that even a member of the committee could not inspect any office alone. A former Secretary of the Vidhan Sabha said, “Propriety does not allow an MLA to seek information directly or to conduct a raid an office.” Only committees constituted by the Vidhan Sabha could do so but their jurisdiction was also fixed, he added.

Former Speaker Charanjit Singh Atwal said an MLA should have the right to check the schools and other institutions in his area because he was a representative of people and answerable to them. But the MLA should also take along senior officers of the department concerned.

But Bir Devinder said that in case an MLA wanted information immediately then he /she can write to the Minister concerned.

Bir Devinder, who was once declared the best legislator in the Assembly, said the GM’s reply that he was answerable only to his boss and not the MLA was perfectly all right and no case of privilege was made out against him in this regard. He said there were 117 MLAs and if everyone starts seeking information directly from the officials and start inspecting their offices then it would not be possible to run the offices and administration.

He said Speaker Rana KP Singh was within his legal right to summon the GM because an MLA has complained against him (GM) and has raised the question of breach of privilege. To deal with the issue, Singh has summoned the GM on May 2.