In the case facing challenge to the THE HARYANA LAW OFFICERS (ENGAGEMENT) ACT, 2016, the State of Haryana failed to file reply, despite four opportunities. On Wednesday, the division bench of the HC granted last opportunity to the State of Haryana for filing reply and made it clear that if reply is not filed within 3 weeks; it will be deemed that the State has nothing to say in the matter.
The law regarding law officers' appointment had been challenged by advocate Pradeep Rapria on whose petition the Supreme Court, in March 2016, had directed Punjab and Haryana to frame guidelines for making appointments of law officers on the basis of merit and eligibility, and not for "political aggrandizement and appeasement". In pursuance to the directions of the Supreme Court the Haryana Govt. had passed the 'Haryana Law Officers(Engagement) Act, 2016. Though the new law was passed following the specific directions from the SC to the state to bring transparency in such appointments, which includes consultation with the chief justice, the new act has not included any such provisions suggested by the apex court.
Terming the Act a ploy to completely defeat the Supreme Court verdict, Rapria, on whose petition the apex court had to frame the law, said the main law formulated by Haryana in August 2016 was already in contravention of SC verdict Advocate Pardeep Rapria had sought directions to quash the Haryana Law Officers (engagement) Act 2016 and rules framed thereafter being ultra vires to the Constitution and directions of the apex court. The Division Bench headed by Justice Suryakant on 12.01.2017 had issued notice to the Haryana Govt.
The failure to file reply despite four opportunities indicates that the Haryana Govt. is buying time till next State Assembly elections, with a view to avoid removal of the already engaged law officers; who are working in contravention to the directions of the Supreme Court in the case titled Pardeep Kumar Rapria Vs. State of Haryana.
Now, the matter has been posted for hearing on 03/05/2018.
SEE THE ORDER PASSED BY HIGH COURT ON 11th January, 2017
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