A regional air carrier Captain was investigated by his company for his refusal to accept an aircraft for a night flight with the overhead cockpit lighting deferred inoperative. The MEL under which the deferral would have taken place specifically required the concurrence of the Captain.

Narrative

After the completion of both engine starts; and during the after start checklist I noticed that almost all of the overhead panel lights were not working. I reached up checked the rheostat and inverter switch. After cycling a few times; there was no result. I contacted the company and it was decided that we would return to gate to address the issue. Upon returning to the gate I spoke with maintenance. I had asked if someone would come out and take a look at the airplane; the response was 'a mechanic is not required; this item can be MEL'ed.' According to the current MEL the entire overhead panel does fall into that category. I told the them I would call back as I was going to discuss the matter with my First Officer. After a brief discussion we concluded that the current lighting conditions were not safe for flight. I then contacted the Dispatcher and told them this. They then brought out a Mechanic and the flight was canceled after an hour and a half because they didn't have the proper parts to return the aircraft to service. Upon returning to work the next day I was called by Crew Scheduling to inform me that I was being investigated regarding the incident. This particular MEL states that the flight crew must be in agreement with the current lighting conditions prior to dispatch; and I was well within the responsibilities as the PIC to make that determination.