14-Nov-2024 11:59 PM
8305
New Delhi, Nov 14 (Reporter) The Supreme Court on Thursday reprimanded the Goa Chief Secretary for defending the state's decision to alter the rules prepared by the Bombay High Court relating to the recruitment and service of court employees at Goa High Court.
A Bench comprising Justice Abhay S Oka and Justice Augustine George Masih took exception to the fact that the High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules 2023 were published as if they had been framed by the Chief Justice of the Bombay High Court though the latter was not consulted.
The Supreme Court was hearing a suo motu case concerning grievances of former employees of Bombay High Court (at Goa) regarding pension benefits.
The court was informed that the High Court had submitted draft rules concerning pensionary benefits to employees.
Counsel for the employees told the Apex Court that these draft rules were altered by the state government and published in the name of the Chief Justice without consulting the High Court.
Justice Oka said, “This is a brazen act. What is this happening? Look at the affidavit of the Chief Secretary, he is confident enough to defend the rules. These rules are to be immediately withdrawn"..
Advocate Abhay Anturkar, appearing on behalf of the Goa Government, requested the court to grant some time to take instructions.
Justice Oka said, “We need to teach the Chief Secretary a lesson.”
Solicitor General Tushar Mehta also appeared in the case and said: “I don't defend the actions done. I also don't defend the rules enacted. I missed that they have written Chief Justice. Everything will be done correctly. Allow me time.”
Justice Oka refused Mehta’s plea and said, “No, you do everything correctly. We need to teach the Chief Secretary a lesson. Such a brazen act.”
The court then dictated its order, "he affidavit of the Chief Secretary today seems to be justifying the rules instead of rectifying. Knowing fully well that the said rules are not in terms of draft rules by High Court, still the rules have been published in a way that they are framed by Chief Justice of High Court.”
The Court further said, “We are shocked to know that instead of withdrawing the rules, the Chief Secretary has defended them. We therefore direct the Chief Secretary to present before this court via Video Conferencing (VC) next Friday. We direct him to explain the conduct done...////...