Mayawati said that Singh would remain as Cabinet Secretary but she was “granting” him his “request” that he be relieved of the charge of Administrative Head and the status of Cabinet Minister (which he enjoyed by virtue of being the Vice Chairman of the state Planning Commission).

Within three days of Mayawati being sworn in as Chief Minister, Singh, a pilot by profession, signed a three-page order, making drastic changes in the 1975 Transaction of Business Rules putting himself on par with the Chief Secretary. He thus authorized himself to examine all confidential files, examine proposals of Ministers, review decisions taken by the previous Government and call for any files marked for Mayawati.

Officials of the Union Law Ministry and the Department of Personnel and Training (DoPT) had worked overtime to obtain the opinion of the Government’s seniormost Law officer Attorney General Milon Banerjee on Singh’s appointment and along with its affidavit, rushed it to Lucknow yesterday.

Top officials told The Sunday Express that the Attorney General, citing judgments of the Supreme Court, described Singh’s May 13, 2007 appointment as “unconstitutional” and “ultra vires” under the Indian Administrative Service Cadre Rules. While officials declined to comment on the affidavit saying the matter was subjudice, sources said the Centre had argued that elevation of a non-IAS officer to the highest administrative office in a state would set an “unhealthy” precedent.

The Centre’s views come in response to a PIL filed by a lawyer in Lucknow, asking for the Cabinet Secretary’s appointment to be nullified since it violated cadre rules and Article 312 of the Constitution. The Central and State Governments were named as respondents in the case.

The opinion of the Attorney General reached the Law Ministry on Thursday and was hand-delivered to the DoPT which put final touches on it. With the Central Government’s opinion set to be made public in court on Monday, the stage was set for a confrontation with the state Government on the issue. When contacted, Shashank Shekhar Singh called it a “routine affair which had been blown out of proportion and projected in a distorted manner.”

Leader of Opposition Mulayam Singh Yadav alleged that the decision to clip his wings comes only after his (Shashank Shekhar Singh’s) name appeared in the kidney case. However, Mayawati rubbished the allegation saying why would she have recommended the case to the CBI if any of her officers was involved.

Mayawati also said that Business Rules which were “amended” by her government to “accommodate” Singh, would be changed again, accordingly. Now, Singh will simply hold the office of Cabinet Secretary, whereas Chief Secretary P K Mishra will hold “additional charge of Administrative Head.”

Mayawati’s statement came as a surprise to many. She said: “Mulayam had objected to the appointment of cabinet secretary and I had told him that the matter was subjudice.”