HC summons Haryana chief secretary over ‘contemptuous’ letter

The Punjab and Haryana high court has summoned the Haryana chief secretary over a "contemptuous" letter rejecting a list of names for appointment as ADJs. The court found the language of the letter to be contemptuous and has asked the chief secretary to bring the original file to determine who approved the letter. The letter stated that the high court's recommendations were not binding as consultation did not take place for amending the rules. The government sought legal opinion from the Ministry of Law and Justice, which stated that consultation is mandatory.

Chandigarh The Punjab and Haryana high court has summoned Haryana chief secretary Sanjeev Kaushal on Thursday over the “contemptuous” content of a letter purportedly written on the “recommendation of the chief minister” to the high court, rejecting a list of names proposed for appointment as additional district and sessions judges (ADJs) in the state.

However, as the government did not notify the names, on September 6, some judicial officers, approached the high court on the judicial side, seeking directions to the state government to conclude the process of selection and notification of appointments (File)

Thirteen names were recommended by high court for appointment as ADJs. However, as the government did not notify the names, on September 6, some judicial officers, approached the high court on the judicial side, seeking directions to the state government to conclude the process of selection and notification of appointments. Acting on the plea, the high court then sought a status report from the government and observed that it did not see “any tangible reason as to why the state should drag its feet in issuing the requisite notification” in view of the provision of Article 233 of the Constitution that says appointments would be made by the government in “consultation” with the high court concerned.

During the hearing on Wednesday, Rashmi Grover, a joint secretary with the government, who was summoned by the high court after perusing the content of the letter, said that “it (letter) has been recommended by the chief minister”.

The court termed the language used in the letter “per se contemptuous” and has now summoned the chief secretary and also asked her to bring the original file to ascertain “who approved the issuance of the said letter”.

In the letter in question written to the registrar general on September 12 (administrative side), the government has not accepted the recommendations of the high court and has asked it to send revised recommendations after following “set procedure as per law”.

It said, “The Constitution has conferred upon High Court a sacred and noble duty to give best advice or the opinion to the Governor. The High Court cannot act arbitrarily in giving its opinion to the Governor or else it will be a betrayal of trust. If the advice is not supportable by any material on record and is arbitrary in character, it may not have any binding value/effect.”

According to the letter, the high court through a resolution of November 30, 2021 made modifications in the criterion for filling up these vacancies. The requiring of consultation for amending the rules is mandatory. Since consultation did not take place, the government is not bound to accept the recommendations of the selection committee of high court, it said.

The letter said the government sought legal opinion from the ministry of law and justice, Government of India. The opinion tendered by the Centre, which was binding on the state government, said the requirement of consultation for amending the rules is mandatory.