{Appointment of judicial officers}
The Punjab and Haryana high court on Thursday gave Haryana government time till April 18 to comply with the orders of high court on making appointments of judicial officers as directed by the high court.
The high court bench of justice Rajbir Sehrawat was hearing a contempt plea alleging wilful disobedience of December 20, 2023, order of HC in which the court held that HC recommendations on appointment of judicial officers are binding on the state government and directed that 13 officers who were recommended for appointment as additional district and sessions’ judges (ADJs) be appointed within two weeks.
The counsel for petitioners’ Harsh Chopra said, the government has been told to comply with the judgment, otherwise officers responsible would have to remain present for the hearing. Detailed order is awaited.
The order was passed on the resumed hearing of a contempt plea filed against chief secretary and home and justice department secretary by the five judicial officers, who were among those recommended for appointment by the high court.
The December 20 order came on a bunch of petitions challenging the government move of not accepting the recommendations of high court and asking the HC to send the names again. The government’s view was that as per a legal opinion obtained from the Centre, the high court through a resolution of November 30, 2021, made modifications in the criterion for filling up these vacancies. The requirement of consultation for amending the rules is mandatory. Since consultation did not take place, the government was not bound to accept the recommendations of the selection committee of the high court.
{{/usCountry}}The December 20 order came on a bunch of petitions challenging the government move of not accepting the recommendations of high court and asking the HC to send the names again. The government’s view was that as per a legal opinion obtained from the Centre, the high court through a resolution of November 30, 2021, made modifications in the criterion for filling up these vacancies. The requirement of consultation for amending the rules is mandatory. Since consultation did not take place, the government was not bound to accept the recommendations of the selection committee of the high court.
{{/usCountry}}Thirteen names were recommended by the HC for appointment as ADJs in February, 2023. However, as the government did not notify the names, on September 6, 2023 some judicial officers, approached the high court on judicial side and the petitions were disposed of on December 20, 2023, with the directions to appoint the recommended officers within two weeks.
As per the plea, the government as well as some unsuccessful candidates, had approached Supreme Court against the HC order. However, the petitions were dismissed on February 13, 2024. But even after that the appointments have not been notified.