Today, On 14th November, The Supreme Court criticized the Goa Chief Secretary for unilaterally modifying the Bombay High Court’s service rules. This censure came during a hearing on a suo motu case addressing complaints from former Bombay High Court Registry employees who have not received their pension benefits, even three to seven years post-retirement. The Court expressed serious concern over the delay and demanded accountability.
New Delhi: The Supreme Court criticized the Chief Secretary of Goa for supporting the state’s decision to modify the recruitment and service rules for court employees at the Goa bench of the Bombay High Court.
A bench led by Justice Abhay S Oka and Justice Augustine George Masih specifically noted that the High Court of Bombay at Goa Officers and Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules 2023 were published as if they had been created by the Chief Justice of the Bombay High Court without any consultation.
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The bench remarked,
“This is a brazen act. What is happening here? Look at the affidavit from the Chief Secretary. He is bold enough to defend these rules. They must be withdrawn immediately,”
The court indicated that the Chief Secretary should face consequences, ordering him to appear via video conference the following week.
The bench ordered,
“We are shocked to learn that instead of retracting the rules, the Chief Secretary has chosen to defend them. Therefore, we direct the Chief Secretary to appear before this court via VC next Friday and explain his actions,”
The Court hearing a suo motu case based on a representation from former employees of the Bombay High Court Registry who had not received their pension benefits even three to seven years after retirement.
The counsel for the employees argued that the rules established by the High Court had been modified by the Goa government and published under the name of the Chief Justice without proper consultation.
In response, the State counsel requested additional time to obtain instructions.
However, the Court remarked,
“We need to teach the Chief Secretary a lesson.”
Solicitor General Tushar Mehta then intervened, stating,
“I don’t defend the actions taken. I also don’t defend the rules enacted. I missed that they have written Chief Justice. Everything will be done correctly. Allow me time.”
The Court, however, was not inclined to grant any requests, insisting,
“No, you do everything correctly. We need to teach the Chief Secretary a lesson. Such a brazen act,” as Justice Oka emphasized.
The Court proceeded to dictate an order, noting that it had previously recorded that the pension-related rules enacted by the State government were unlawful. It expressed disappointment that the Chief Secretary’s affidavit seemed to justify these rules rather than amend them.
The Court continued to question how the rules were published as if they had been framed by the Chief Justice of the Bombay High Court and subsequently directed the Chief Secretary to appear for the next hearing.
The next hearing scheduled for November 22.
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