(T.S. Thakur and Kurian Joseph, JJ.)
State of Punjab & Anr. _____________________________ Petitioner(s)
v.
Brijeshwar Singh Chahal & Anr. ___________________ Respondent(s)
Petition(s) for Special Leave to Appeal (C)…… of 2015, CC No(s). 5470/2014, decided on September 2, 2015
I.A. No. 1/2014 and With T.P.(C) No. 1073/2015
The Order of the court was delivered by
Order
1. Heard.
S.L.P.(C)…..CC No. 5470 of 2014:
2. The petitioner-State of Punjab has filed an affidavit sworn by Under Secretary to Government of Punjab, Department of Home Affairs and Justice. The affidavit attempts to answer the queries raised by this Court in terms of our Order dated 11th April, 2014. The affidavit, inter alia, states that there is no defined procedure or statutory rule governing the engagement of practising advocates as law officers for the State of Punjab. Conventionally law officers are engaged on contractual basis after being recommended by the Advocate General or in consultation with him are placed in the Advocate General’s office. The Advocate General, the affidavit states, recommends to the State Government those lawyers who are competent and best suited to carry out the onerous and multi-faceted tasks to the law officers. Such recommendation can be made by the Advocate General on the basis of his assessment about the suitability of the candidates or on the recommendations of his peers and colleagues at the Bar.
3. In answer to the queries raised by this Court the affidavit states that there is no selection or search committee constituted for selecting law officers for the State. Nor have any procedures of such selection being maintained. So also in answer to query No. 4, the affidavit states that the State Government does not consult the High Court before finalising the list of those being appointed. The affidavit also sets out the total number of law officers currently working in the State of Punjab. According to which as many as 74 Additional Advocate General, 5 Senior Deputy Advocate General, 40 Deputy Advocate General, 55 Assistant Advocate General and 2 Advocates-on-Record.
4. Mr. Ranjit Kumar, learned Solicitor General who was requested by us to assist in this matter, submits that while the State of Punjab does not appear to have any rules governing selection and appointment of law officers in the State, the State of Maharashtra has in place certain rules which may be of some relevance to the issue that falld for determination in the present proceedings. He further submits that other states like State of Uttar Pradesh may also have framed certain rules to make the process of selection and appointment of law officers objective and transparent. He prays for and is granted one week’s time to place on record the relevant rules and to make his submission.
5. Post on Wednesday, the 9th September, 2015.
T.P.(C) No. 1073 of 2015:
6. Mr. Alok Sangwan, learned Additional Advocate General along with Ms. Monika Gusain, Advocate-on-record, have appeared though not notified formally. Learned counsel appearing for the respondent-State shall file an affidavit on behalf of the respondent-State of Haryana answering the queries raised by this Court in terms of our Order dated 11th April, 2014 in connected S.L.P.(C) ….CC NO. 5470 of 2015 insofar as the appointment process of law officers in the State of Haryana is concerned. The Needful shall be done by him before the next date of hearing.
7. The Registry is directed to furnish a copy of the transfer petition along with copies of order passed in S.L.P.(C) ….CC NO. 5470 of 2015 to the respondent-State within two days from today.
8. Post along with S.L.P.(C) ….CC NO. 5470 of 2015.
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