Supreme Court: In a writ petition against the Goa State notifying High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules, 2023, (‘Rules’) which contained an introductory statement that they were made by the Chief Justice of the Bombay High Court, however, the rules were found to be significantly different from the CJ’s draft submitted to the Goa Government, the Division Bench of Abhay S. Oka and Augustine George Masih, JJ. expressed disappointment and shock, knowing fully well that the said Rules were not in terms with the draft Rules submitted by the CJ and that the Rules were published with the recital that the same has been made by the CJ of the Bombay High Court.
The Court stated that instead of withdrawing the rules, the Chief Secretary of the State made an attempt to justify the same, hence the Chief Secretary was directed to personally remain present before the Court through video conference on 22-11-2024.
The Chief Secretary was directed to explain how the recital was incorporated in the body of the rules. In the meanwhile, it will be also open for the Chief Secretary to file an additional affidavit.
On 24-07-2024, the Court recorded that the notification dated 03-07-2023 notifying the Rules, 2023 was prima facie contrary to law. It was expressed that the situation would be rectified and therefore, the Chief Secretary of the State was directed to file his personal affidavit. The Chief Secretary justified the act of framing the Rules.
CASE DETAILS
| Citation: Writ Petition(s)(Civil) No(s). 464/2023 Appellants : Re Pension Benefits for Employees Retd. From Bombay High Court Respondents : State of Goa | Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :
Abhay S. Oka, J.
Augustine George Masih, J.
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