SHOW CAUSE TO
CHIEF SECRETARY
>> Why the order issued by the Supreme Court on interim relief regarding the pay of Judicial officers has not been complied with >> Further directed to show cause why appropriate action shall not be initiated for violating the directives issued by the Supreme Court
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SC ORDER WHICH
WASN'T COMPLIED
>> Directions to all the concerned States and the Union Territories to comply with the interim relief regarding the pay of the Judicial Officers >> The interim relief in pay was recommended by the 2nd National Judicial Pay Commission with effect from 1 may, 2018
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MARGAO: The High Court of Bombay at Goa has issued directions to the Goa Chief Secretary to show cause why the order issued by the Supreme Court to comply with the interim relief regarding the pay of Judicial officers as recommended by the 2nd national Judicial Pay Commission with effect from May 1, 2018 has not been complied with, within the time-frame stipulated by the Apex Court.
The Chief Secretary was further directed to further show cause why appropriate action shall not be initiated for violating the directives issued by the Supreme Court.
The High Court further directed the Chief Secretary, besides the Secretary, Personnel Department, Secretary, Law and Judiciary, and the Secretary Finance, Government of Goa to show cause why various orders and directives vis-Ã -vis recruitment of court staff, besides the official tours undertaken by the Court staff, including Judicial officials should not be quashed and why necessary directives/writ shall not be issued for furthering the cause of administration of justice.
The High Court was acting on the communications received from the Principal District & Sessions Judge, South Goa, Margao, concerning certain important issues, governing the administration of justice of the subordinate judiciary in the State of Goa, which have been treated as a Public Interest Litigation.
The Supreme Court, by way of an interim relief, has directed all the concerned States and the Union Territories to comply with the interim relief regarding the pay of the Judicial Officers as recommended by the 2nd National Judicial Pay Commission with effect from 01/05/2018.
The Court directed that the Chief Secretary shall explain, on the next date of hearing as to why the directives issued by the Supreme Court have not been implemented, and as a result of failure to implement the directives of the Apex Court, why appropriate action shall not be initiated.
On the question of staff of the sub-ordinate judiciary and directives issued for filling up of vacant posts by way of outsourcing from Goa Human Resource Development Corporation, the High Court has observed “viewed from the perspective of the constitutional provision, the directives issued by the State Government are, in a way, interference in the course of administration of justice of the subordinate judiciary. There is no manner of doubt that independence of judiciary and independent and efficient judicial system is a part of basic structure of the Constitution. In view of Article 235 of the Constitution of India, control over the District Courts and Courts subordinate thereto vests in the High Court. It would be impermissible for the State to issue the directives which would contravene the provisions of Article 235 may be termed as interference in the administration of justice which is a basic feature of the Constitution of India”
On the Office Memorandum issued by the Department of Personnel, Government of Goa, dated 2 January, 2018, directing all the Officers, including Judicial Officers to take prior approval of the Government/Appropriate Authority vis-a-vis proposal for official or personal tour, the High Court observed that the office Memorandum issued by the Government unduly causes interference in the functions and control of the High Court over subordinate judiciary.
‘The Judicial Officers are bound to attend courses conducted by Judicial Academy and to proceed on deputation, as directed by the High Court or the Chief Justice and in observance of such orders of High Court, the sanction of the State Government is not at all warranted; since participation of judicial officer in training programms, workshops, seminars etc. is an integral part of the functions of administration of justice,” the High Court observed.
