District Judges Appointment Row: High Court Summons Haryana Govt's Joint Secretary To Explain "Contemptuous" Letter; Hearing At 2 PM

The Punjab and Haryana High Court has summoned Haryana government's Joint Secretary at 2 PM today, to explain the "contemptuous" language used by her in a letter submitted to the Constitutional Court in case relating to appointment of Additional and District Sessions judges.

The letter said that the government has decided to not accept High Court's "arbitrary" recommendations for promotion of 13 judicial officers to the above said post.

Joint Secretary Rashmi Grover further stated in her letter, which was annexed along with a status report furnished as per a previous direction of the court, that High Court cannot "betray the trust" of the Governor. She said Governor is not expected to accept "whatever advice or recommendation" is given by the High Court.

"Do you know what the Constitution is? You are crossing the Laxman Rekha...Look at the language used in the letter. Call your Joint Secretary," the Division bench comprising Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan told Advocate General Baldev Raj Mahajan.

List of 13 judges for promotion as Additional and District Sessions Judges was sent to the State in February this year. 6 months have lapsed since but the State has not issued the requisite notifications in view of the provision of Article 233 of the Constitution.

High Court had cited Supreme Court's decision in Chandramouleshwar Prasad vs. Patna High Court, (1969) to state 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.

As per Haryana government, the High Court has "not followed" the settled procedure under Article 233 read with Article 309 of the Constitution while sending names to the Government for promotion.

Perusing the letter, Court orally remarked, "Who are you to see? Is it for you to run the High Court? You are sitting on the recommendation."

The Court will now hear the matter at 2 PM.

Case Title: Shikha and others vs. State of Haryana and others