Despite lapse of about three months of delivery of the Judgment by the Honourable Supreme Court, no process appears to have been initiated by the State for fixing the criteria of selection of Advocates in AG Office. My letter to the Chief Justice and Govt. of Har. & Punjab.
To,
(i)
The
Honourable Chief Justice,
The High
Court of Punjab & Haryana,
Chandigarh.
(ii) The
Secretary, Punjab Govt.
Administration
of Justice Department, Haryana
Civil
Secretariat, Sector – 1, Chandigarh
(iii) Additional
Chief Secy. to Govt.
Haryana, Administration of Justice
Department, Haryana
Civil Secretariat, Sector – 1,
Chandigarh
Subject: Implementation of Honourable Supreme Court
Judgment delivered on March 30, 2016 in Transfer Petition No.1073 of 2014
and
Civil
Appeal arising out of SLP(C)
No.8416/2016 (CC No.5470
of
2014).
Ref. Appointments/Engagements
of Advocates in the office of Advocate General.
Respected Sir,
It is submitted as under:
1. That I had filed the Transfer Petition No.1073 of 2014 before the Honourable Supreme
Court and accordingly
vide final judgment/decision dated 30.03.2016, the Honourable Supreme Court disposed
of Transfer Petition No.1073 of 2014 and Civil Appeal arising out of SLP(C)
No.8416/2016 (CC No.5470 of 2014) with the following directions:
(1)
‘The
States of Punjab and Haryana shall undertake a realistic assessment of their
need in each category in which State counsel are proposed to be appointed.
(2)
Based on the assessment so made,
the States shall constitute a Selection Committee with such number of officers
as the State Government may determine to select suitable candidates for
appointment as State counsel. The Secretary, Department of Law in each State
shall be the Member-Secretary of the Selection Committee.
(3)
The Committee shall on the basis
of norms and criteria which the Government concerned may formulate and in the
absence of any such norms, on the basis of norms and criteria which the
Committee may themselves formulate conduct selection of law officers for the
State and submit a panel of names to the Chief Justice of Punjab and Haryana
who may set up a Committee of Judges to review the panel and make recommendations
to the Chief Justice. The Chief Justice may based on any such recommendations
record his views regarding suitability of the candidates included in the panel. The Government shall then be free to appoint the candidates
having regard to the views expressed by the Chief Justice regarding their merit and suitability. The procedure for assessment of merit of the candidates and consideration by the
High Court
will apply
in all cases
where
the candidates are already working as State counsel but are being
given an extension in the term
of
their
appointment. Having said that we must hasten to add that we are not interfering with the appointments
already made in
the States of Punjab and Haryana which can continue to remain valid for the period the same has been made but any
extension or
re-appointment
shall
go through the
process
indicated by
us in
the foregoing paragraphs.
(4)
The writ-petitioners shall also be free
to offer themselves for consideration before
the Committee appointed by the State Government in which event their claims may also be considered having regard to their
merits, suitability and performance as State counsel for the period they have worked as State counsel.’
2. That
during the arguments before the Honourable Supreme Court the Counsel for the
State of Haryana, had made the specific statement to the effect that the
contract with the engaged/appointed counsels will end by the month of November,
2015 and the State Govt. will review its contact in terms of the Supreme Court
guidelines.
3. That
despite lapse of about three months of delivery of the Judgment by the
Honourable Supreme Court, no process appears to have been initiated by the
State to ensure the compliance of the Judgment. I have come to know that
earlier the contract with the Advocate engaged in the AG Office was up to the
month of November, 2016, but with a view to defeat the guidelines of the
Honourable Supreme Court the State Govt. has entered into contract, ‘Till further orders’. If
this is true, then, it is the ploy to circumvent the Honourable Supreme Court
guidelines, as the contract can go on for a perpetual period and this manner
the day for compliance of the guidelines will never see the light.
Therefore, in the interest of transparency,
fairness and to avoid nepotism, you are requested to implement the guidelines
of the Honourable Supreme Court in true letter and spirit.
DATED: 20.06.2016 (PARDEEP
KUMAR RAPRIA)
PETITIONER
Copy to:
Through E-mail:
Shri Manohar Lal Khattar, Chief-Minister, Haryana.
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