New Delhi: The Cabinet Secretariat, in its internal notings revealed through an RTI application on communications from two Election Commissioners (ECs) regarding the conduct of an ECI officer, observed that it would be "inappropriate" to act on the letters, as they could not be considered official communication from the "commission as a whole" and any action could be seen as "interference in the functioning of the constitutional body".
In response to an RTI application filed by activist Commodore Lokesh Batra (Retd), the cabinet secretary shared file notings as well as copies of two letters written by ECs Sukhbir Singh Sandhu and Vivek Joshi. "The above communications are from ECs in their individual capacity and, while they must be taken with due seriousness, they cannot be seen as a formal communication from the commission as a whole," the Cabinet Secretariat notings said.
On August 5, Cabinet Secretary TV Somanathan wrote to the two ECs, acknowledging receipt of their communications, according to records shared with Batra under the RTI Act. The communications from the ECs to the cabinet secretary pertained to Deputy EC Maneesh Garg, who allegedly issued an order regarding the allocation of work among officers of equivalent and senior ranks after assuming charge as link officer of DEC (Administration), without discussing the revised allocation with the ECI or the officers concerned.
The two ECs stated in their communications that this had happened despite repeated oral and written instructions to all concerned officers against taking such actions without prior discussion with or approval from the ECI. The Cabinet Secretariat notings stated that while Garg had been appointed by the Appointments Committee of the Cabinet, he was now an ECI officer, and his work and conduct were to be regulated and monitored under the ECI's rules and guidelines.