Chief Justice not absolute authority

By S A Ishaqui
Hyderabad, June 13: The AP High Court said the Chief Justice of a High Court is not the absolute authority in sanctioning or up gradation of posts in judiciary.It also said that even the state government does not have absolute authority to reject the recommendations on promotion and appointment of staff by the Chief Justice.
The State government needs to essentially consult the Chief Justice before taking such decisions.
A division bench comprising Justice VVS Rao and Justice CV Ramulu while disposing a writ petition opined that neither the Chief Justice nor the State Government is superior to other. The powers depend on the circumstances and issues related.
Mr. P Hariprasad and other employees of the AP High Court filed the petition challenging the government order rejecting the recommendations made by the Chief Justice for up gradation of 24 posts from Deputy Section Officer (DSO) to Section Officer (SO) rank in 2002.
According to the petitioners there are 60 posts of DSOs in the High Court.These posts are enumerated as category I of division II under the AP High Court Service Rules. Further promotion from the post of DSO is SO.
The Chief Justice has recommended in 2002 to the government to upgrade the DSO posts at the rank of section officer. But the government rejected the recommendation.
The Court found fault with the government saying that "the reasons furnished by the government for rejecting the approval seem to be not on sound lines and it has not taken into consideration the pragmatic approach made by the Chief Justice".
After hearing the arguments the bench observed that "while following the rationale laid down in the decisions, relied upon by the counsel on either side, we are of the view that though the power of Chief Justice under Article 229 of Constitution is not absolute and is subject to limitations as contemplated in the Article".
The bench further observed "in the instant case the exercise made by the government cannot be said as reasonable while rejecting the approval of the recommendations made by the Chief Justice under the Article 229 of the Constitution".
The bench opined that it is necessary that the government should reconsider the issue, after taking necessary consultation with the High Court.
The bench directed that the state government pass appropriate orders on the recommendations of the Chief Justice while taking into the consideration the observation made by the bench in the case.
The bench asked the government to pass orders within eight weeks from the date of receipt of the court order.