SC guidelines to appoint law officers in Punjab, Haryana

NEW DELHI: The Supreme Court on Wednesday directed the Punjab and Haryana governments to reintroduce the practice of consulting the chief justice of Punjab and Haryana high court before appointing state counsels as there was neither a criteria nor a policy for the selections of such officials.

The SC order came in the backdrop of allegations of lack of transparent selection process of appointing law officers in Punjab and Haryana.

A bench of chief justice TS Thakur and justice Kurian Joseph directed both Punjab and Haryana governments to form a selection committee headed by the secretary of their respective law departments to select law officers.

The bench also said that the committee will give names and profiles of law officers to the chief justice of Punjab and Haryana high court and full transparency should be maintained. “There is not even a semblance of any selection process in appointing law officers in Punjab and Haryana, leave aside a process that is credible in fairness and objectivity,” the SC bench ruled, adding that a reform of the prevalent system was “long overdue”.

The candidates will be scrutinised by a committee of high court judges, which will sent the recommendations to the chief justice of Punjab and Haryana high court. “The chief justice may record his views regarding suitability of the candidates,” the SC bench said, adding: “the government shall then be free to appoint the candidates having regard to the views expressed by the chief justice regarding their merit and suitability.”

The SC clarified that it was not interfering with the appointments already made by Punjab and Haryana governments, “but any extension or reappointment of law officers shall go through the process indicated by us,” the SC bench said. The SC said the appointment of law officers could not remain unregulated as they “discharge important public function affecting not only state interest but the quality of justice which the courts administer”.

It said such appointments must be made in “public interest unaffected by any political or other extraneous considerations”.

The issue before the apex court pertained to a dispute on appointment and dismissal of a law officer by the Punjab government. A petition was filed by advocate Pradeep Raparia against the Haryana government on a similar issue.

The court had last year taken note of Punjab’s 174 law officers’ team and had asked solicitor general Ranjit Kumar, who was assisting it as amicus curiae, to find out if any state had laid down a procedure for the selection of law officers. Earlier, the Haryana government had told the SC that no selection or search committee was constituted while appointing its 183 law officers, and the Punjab and Haryana high court was not consulted before finalising their names.According to an affidavit filed by the state, law officer such as additional advocate general, deputy advocate general and assistant advocate general are engaged by the state for a period of one year on the recommendation of the advocate general.

DIRECTS PUNJAB AND HARYANA TO FORM A SELECTION COMMITTEE HEADED BY SECRETARY OF THEIR RESPECTIVE LAW DEPARTMENTS TO SELECT LAW OFFICERS