The Supreme Court on Thursday expressed strong disapproval of the Goa chief secretary’s defense regarding the state government’s unauthorized changes to the Bombay High Court rules concerning the recruitment and services of court staff at the Goa bench. The bench, comprising Justice Abhay S Oka and Justice Augustine George Masih, has demanded a virtual personal appearance from the chief secretary at the next hearing to explain his actions.
During the session, the bench criticized the chief secretary’s audacity in defending the altered rules, which were not withdrawn despite the court’s objections. “We need to teach him a lesson? This is a brazen act. He is confident enough to defend the rules which should be withdrawn. We are shocked to know that he is defending them,” the justices remarked.
The controversy stems from the state government’s failure to consult the chief justice of the Bombay High Court before publishing the new 2023 rules for court officers and staff in Goa. These rules were issued without proper approval from the chief justice, despite being presented in his name, which the Supreme Court highlighted as a serious legal misstep.
This legal confrontation originated from a suo motu case initiated by the Supreme Court based on complaints from former Bombay High Court employees about the non-payment of their terminal dues, including pensions. The state’s counsel, Abhay Anil Anturkar, requested additional time to clarify the situation, but the court insisted that the chief secretary himself must address why the unauthorized rules were published.
Solicitor General Tushar Mehta, representing the state, acknowledged the mistake, stating that he was not defending the action and requested time to correct the issue. However, the bench emphasized the severity of the error, especially given that the rules were altered and falsely attributed to the chief justice.
On July 24, the Supreme Court had already given the Goa government an opportunity to rectify this “clear breach of law,” criticizing the state for notifying the rules without proper authorization. The High Court of Bombay at Goa had previously submitted the rules to the state government, expecting them to be issued as per the chief justice’s authorization under Article 229 of the Constitution.
