The Punjab and Haryana High Court has directed the Union Territory of Chandigarh administration to fill up vacancies in the cadres of Deputy District Attorney and Assistant District Attorney in a time-bound manner.
The Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal disposed of a Public Interest Litigation (PIL) raising deficiencies in the cadres of District Attorney, Deputy District Attorney and Assistant District Attorney in the UT Administration.
The pleadings of the counsel for rival parties revealed that there are 30 posts at the District Judiciary Level in the Union Territory, Chandigarh against which 2 posts of District Attorney are filled, whereas as against sanctioned strength of 12 Deputy District Attorney, 3 posts are vacant and as regards Assistant District Attorney, against 20 sanctioned posts, 5 vacancies remain unfilled.
The obstacle in the path of filling up of the vacancies, as informed to the Bench by the Additional Standing Counsel appearing for respondents No 3 to 5 – UT, Chandigarh, is that policy decision had been taken in 2022 that the Central Government Rules would be followed henceforth for recruitment to the cadres of District Attorney, Deputy District Attorney and Assistant District Attorney. Pertinently, till 2022, the Punjab Rules were in vogue. Learned Additional Standing Counsel further informs that the draft rules have been prepared and the same are in the process of being finalised.
In view of the above, since the appointment and functioning of the District Attorney, Deputy District Attorney and Assistant District Attorney is directly relatable to speedy dispensation of justice in District Courts in the City of Chandigarh, the High Court deems it appropriate to direct the UT Administration to fill up vacancies in the cadres of Deputy District Attorney and Assistant District Attorney in a time bound manner stipulated below:-
(i) The draft rules shall be finalised latest by 30.09.2024.
(ii) The advertisement be issued as soon as the draft rules are finalised and notified, but not later than 15.10.2024.
(iii) Thereafter, the process of recruitment to the vacancies in the cadres of Deputy District Attorney and Assistant District Attorney be completed latest by 30.11.2024.
“If the aforesaid time-line is not followed, then serious view would be taken and the Secretary Home/Law, Chandigarh Administration will be personally held liable and this Court may take contempt action against the said officers,” the order reads.
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