[Article 233] Punjab & Haryana High Court Criticises Haryana Govt For "Dragging Its Feet" In Appointing Additional & District Sessions Judges

The Punjab & Haryana High Court has questioned the Haryana government for not issuing the requisite notification for appointment of Additional District and Sessions Judges in the State. The written exam and viva for the same was concluded by the High Court in December, 2022.

List of 13 judges for promotion as Additional and District Sessions Judges was sent to the State in February this year.

"A period of over 6 months has gone by...We do 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, which have been dilated upon by the Apex Court in Chandramouleshwar Prasad vs. Patna High Court, (1969) 3 SCC 56 that it is the High Court which is the body familiar with the efficiency and quality of officers who are fit to be promoted as District Judges and it is for them to see the suitability and credibility of the person to be recommended for appointment," said the bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan.

Court was informed that a similar exercise was conducted in Punjab and the State government there, in due deference to the recommendations made by the Court in April, has already notified the promotions under Rule 7(3)(a) of the Punjab Superior Judicial Services Rules, 2007.

It has now sought a status report in the matter, failing which the Additional Chief Secretary of the Haryana government is expected to remain present before the Court on September 13 and justify "sitting" on the recommendations.

Appearance: Gurminder Singh, Sr. Advocate, with Simurita Singh, Advocate, for the petitioners.

B.R. Mahajan, Advocate General, Haryana with Arun Beniwal, DAG, Haryana.