SC Questions Goa Chief Secretary for Supporting Controversial Changes to Bombay High Court’s Hiring Rules.
The Supreme Court criticized the Goa chief secretary for supporting the state government’s changes to the Bombay High Court rules regarding the hiring and services of court staff at the Goa bench. Justices Abhay S Oka and Augustine George Masih requested the chief secretary to appear virtually at the next hearing to explain his actions. They expressed their disbelief, stating, “This is a bold move. He feels secure enough to defend rules that should be revoked. We are surprised he is backing them.” The court was particularly concerned that the chief justice of the Bombay High Court was not consulted before the new recruitment rules were published.
This discussion arose during a suo motu case initiated due to complaints from former Bombay High Court employees about not receiving their terminal benefits, including pensions, years after retiring. The state’s lawyer, Abhay Anil Anturkar, asked for time to get specific instructions, but the bench insisted that the chief secretary must clarify why the rules were not retracted and why they were issued under the chief justice’s name. Solicitor General Tushar Mehta, representing the state, stated he was not defending the rules or the actions taken and requested time to correct the mistake.
The bench criticized the alteration and publication of rules under the name of the chief justice of the High Court, calling it a bold move. It expressed hope that the mistake could be fixed after the July 24 order, which noted that the change was clearly against established law. The bench scheduled the next hearing for November 22. On July 24, the Supreme Court allowed the Goa government to correct its mistake, labeling it a “clear breach of law.” The court pointed out that the Chief Justice of the High Court of Bombay had sent the recruitment rules to the Goa government, following the rules set by the committee under Article 229 of the Constitution.
Subsequently, the Goa government issued a notification on June 3, 2023, regarding these rules. The notification stated that the rules were made by the Chief Justice of the High Court of Judicature at Bombay under Article 229. However, the Supreme Court noted that the rules differed significantly from what was originally submitted to the Goa government by the chief justice.
An affidavit submitted by the Registrar (Legal and Research) to the High Court of Bombay at Goa in ongoing cases indicates that the Goa Government has created rules about service conditions, claiming to follow the court’s order. However, these rules were not approved by either the high court’s rules committee or the Chief Justice. The affidavit states that the actions taken by the state government seem to go against established legal principles and the provisions of Article 229 of the Constitution. The bench also remarked that it is unusual for the Goa Government to issue rules under Article 229 in the name of the Chief Justice when those rules were neither recommended by him nor was there any consultation based on his recommendations.
