‘Brazen Act’: SC’s Tough Remarks On Goa Chief Secretary For Altering HC Rules

The bench of justices Abhay S Oka and Justice Augustine George Masih asked the respondent to explain his conduct on the next hearing date.

New Delhi:The Supreme Court on Thursday minced no words in criticizing the Goa chief secretary for defending the state’s decision to alter Bombay High Court rules in connection with the recruitment and services of court employees at the Goa bench.

The matter came up before a bench comprising justices Abhay S Oka and Justice Augustine George Masih. The bench asked the chief secretary to explain his conduct by appearing before the court virtually on the next date of hearing, and told the state’s counsel that it is a brazen act that the rules were altered and published in the name of the chief justice of the high court.

"Do we need to teach him a lesson? He is confident enough to defend the rules which should be withdrawn. We are shocked to know that he is defending them," the bench told the state's counsel. The state government's counsel sought time to seek specific instruction in the matter. Solicitor General Tushar Mehta, also representing the state, said he was not defending the rules nor the action and sought some time to rectify the error.

The apex court was hearing a suo motu case registered based on representations made by former employees of the Bombay High Court over the non-payment of their terminal dues, including pensionary benefits even after years of their retirement.

The apex court deplored that the chief justice of the high court was not consulted before publishing the High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules of 2023.

The bench said it had hoped the error could be rectified after its July 24 order as it was specifically recorded that it was prima facie against the settled position of law. The apex court has scheduled the matter for further hearing on November 22.

The apex court, in July, gave an opportunity to the Goa government to rectify its error which it described as a "clear breach of law laid down by this court."