E-Paper
Promotions : HC notice on contempt plea moved by 5 Haryana judicial officers
The officers have alleged wilful disobedience of December 20 order of the high court in which the court held that HC the 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 Punjab and Haryana high court has issued notice to two senior officers of the Haryana on a contempt plea moved by five judicial officers of the state alleging non-compliance of December 20 order of the high court on making appointments of officers within two weeks.
The bench of justice Rajbir Sehrawat has sought response from the state’s chief secretary, Sanjeev Kaushal and home and justice department secretary, TVSN Prasad by March 21.
The officers have alleged wilful disobedience of December 20 order of the high court in which the court held that the 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 order in question came on a bunch of petitions challenging the government’s 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.
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 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 the 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.
“It is imperative to mention herein that there have been no promotions to the post of additional district and sessions judge in Haryana since January 2020, which has caused stagnation in the feeder cadre, and thus, having far reaching detrimental and demoralising effects on the entire cadre down the line,” officers’ counsel Harsh Chopra had argued, adding that government move was also likely to affect seniority of the officers.
“Delay in appointments of judicial officers tantamount to attack on the independent working of the judiciary, since this court has passed an order on judicial side by directing the respondents to accept recommendations made by the high court on its administrative side. Thus, it is a unique case wherein there is disobedience regarding the directions/recommendations made by this court on both judicial side and administrative side,” the plea says.
