Punjab And Haryana high court quashes appointment of five judges

Punjab and Haryana High Court has quashed the appointment of five additional district and sessions judges in Haryana in 2008 ruling that law officers holding government posts cannot be appointed as judicial officers.

Quashing their selection and appointment, a Division Bench of the high court made it clear that public prosecutors or assistant district attorneys were ineligible as they were in regular government service.

Out of a total of 22 vacancies, 16 appointments had been made, of which the Division Bench comprising Justice Permod Kohli and Justice K Kannan yesterday quashed the appointment of five as these had been filled by candidates who were previously working as public prosecutor and assistant district
attorneys.

However, it has also been made clear that law officers, who are appointed on contractual basis by the government, are eligible for superior judiciary (lower than High Court).

The vacancies arising out of quashing would be filled up by candidates next in merit on the panel prepared by the selection committee, the Bench held.

The orders were pronounced on a bunch of 12 petitions, filed by Delhi-based lawyer Keshav Kaushik and others challenging the appointments.

The Bench said public prosecutors or assistant district attorneys were ineligible as they were in regular government service with all of them being in graded pay scales and subject to service conditions and therefore not eligible for the posts.

The 88-page judgment further said the directions shall, however, remain in abeyance for two months to enable the High Court to make alternative arrangements.

The advertisement for filling up 22 posts was issued on May 18, 2007. The written examination was conducted between February 22, 2008 and August 24, 2008.