Ordinance route taken to appoint UP IAS Nripendra Misra as principal secretary to prime minister

ON TUESDAY, former Uttar Pradesh cadre IAS Nripendra Misra attended the Narendra Modi-chaired cabinet meeting, the first of the new government, taking the second seat from the left of the prime minister, a place designated for principal secretary to PM (cabinet secretary takes the first seat from PM’s left). But Misra was appointed as principal secretary to PM only with effect from May 28, Wednesday, and that too after the new government swiftly promulgated an ordinance to nullify a provision that disallowed…
TRAI chairman from taking any future government re-employment. 
The ordinance was cleared by the Union Cabinet at its first meeting on Tuesday and was promulgated by President Pranab Mukherjee on Wednesday to override the Telecom Regulatory Authority of India Act, 1997. Misra was present in the meeting that took the ordinance decision.
According to a Times of India report, quoting unnamed sources, prime minister Modi was aware of Misra’s ineligibility because of the Trai Act, but decided to go ahead with Misra as principal secretary for the key post by getting around the legal hurdle, as he scored high on parameters of integrity and leadership skills.
The opposition Congress took the opportunity to slam the government for taking the ordinance route to appoint an officer saying it is characteristic disregard of parliamentary and democratic norms. “No to #Ordinance for food security and anti corruption bills- yes for the same to appoint personal staff! Is this Suraj, Mr Modi promised?”, Congress’ chief spokesman Ajay Maken wrote in a social media site.
The Indian Express first reported on Wednesday that Misra’s appointment could be a violation of Section 5 (8) of the TRAI Act, 1997 which states that the “chairperson or any other member ceasing to hold office as such, shall (a) be ineligible for further employment under the Central Government or any State Government; or (b) not accept any commercial employment, for a period of two years from the date he ceases to hold such office”.
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