Punjab and Haryana High Court Seeks Explanation from Haryana Chief Secretary on Judicial Officers’ Promotion Decision
The Punjab and Haryana High Court has taken a stringent stance on a letter from the Haryana government, which contained statements that the court deemed potentially contemptuous.
The letter in question pertained to the rejection of a proposal to promote certain judicial officers.
Justice GS Sandhawalia and Justice Harpreet Kaur Jeewan, presiding over the matter, expressed their concerns over the language used in the letter, emphasizing its potentially contemptuous nature. They stated,
“The Constitution has conferred upon the High Court a sacred and noble duty to give the best advice or opinion to the Governor. The High Court cannot act arbitrarily in giving its opinion to the Governor or else it will be a betrayal of trust. If the advice is not supportable by any material on record and is arbitrary in character, it may not have any binding value/effect.”
Given the gravity of the situation, the court initially directed the Joint Secretary, who had signed the letter, to appear before them and provide an explanation. The court remarked,
“The language used in the said letter, in our considered opinion, is per se contemptuous. Accordingly, let the Joint Secretary to the Government of Haryana who signed the letter be present in the Court at 2 PM to give the justification as to the manner in which the letter is addressed to this Court.”
Upon the Joint Secretary’s appearance, it was revealed that the letter had been endorsed by the Chief Minister. This revelation prompted the court to summon the Chief Secretary of the Haryana government for further clarification. The Chief Secretary is expected to present himself in court to shed light on the matter.
Furthermore, the court has expressed its intent to review the original State file. This move aims to identify the individuals responsible for approving and issuing the contentious letter.