Supreme Court slams Goa Chief Secretary for altering Bombay HC service rules

The Supreme Court on Thursday rebuked the Goa Chief Secretary for defending the State's decision to alter the rules prepared by Bombay High Court with regard to the recruitment and service of court employees at Goa bench of the High Court.

A Bench of Justice Abhay S Oka and Justice Augustine George Masih took specific exception to the fact that the High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules 2023 were published as if they had been framed by the Chief Justice of the Bombay High Court though the latter was not consulted.

"This is a brazen act. What is this happening? Look at the affidavit of Chief Secretary. He is confident enough to defend the rules. These rules are to be immediately withdrawn," the Bench stated.

The Chief Secretary should be taught a lesson, the Court stated while ordering him to appear before it via video-conference next week.

"We are shocked to know that instead of withdrawing the rules, the Chief Secretary has defended them. We therefore direct Chief Secretary to present before this court via VC next Friday. We direct him to explain the conduct done," the Bench ordered.

The Court was hearing a suo motu case registered by it on the basis of a representation made by former employees of the Bombay High Court Registry that they had not received pensionary benefits even after three to seven years of retirement.

The counsel representing the employees submitted that the rules prepared by the High Court were altered by the Goa government and then published in the name of Chief Justice without final consultation.

In response, the State counsel sought time to seek instructions. However, the Court said,

"We need to teach Chief Secretary a lesson."

At this stage, Solicitor General Tushar Mehta also intervened, saying,

"I don't defend the actions done. I also don't defend the rules enacted. I missed that they have written Chief Justice. Everything will be done correctly. Allow me time."

The Court, however, was not inclined to accede to any request.

"No, you do everything correctly. We need to teach Chief Secretary a lesson. Such a brazen act," Justice Oka said.

It then proceeded to dictate the order. The Court said it had specifically recorded earlier that rules enacted concerning pensionary benefits by State government were against law.

"We hoped that this thing would be rectified. The affidavit of Chief Secretary today seems to be justifying the rules instead of rectifying," it added.

The Court persisted with its question on how rules were published as if they had been framed by the Chief Justice of Bombay High Court.

It then directed the Chief Secretary to appear before the Court for the next hearing.

The matter will be heard next on November 22.