HC Slams HP Govt for breaching Chief Justice’s constitutional authority
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Shimla, Dec6,
In a strong reaffirmation of judicial autonomy, the Himachal Pradesh High Court has quashed the State government’s decision to deny extension-related benefits to the former Principal Private Secretary of a former Chief Justice, holding that the executive had no authority to override an order issued under Article 229 of the Constitution.
A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Jiya Lal Bhardwaj ruled that the permission granted by the Chief Justice for a one-year extension could not be nullified or diluted by the State Finance Department.
The petitioner Prem Chand Verma had challenged the government’s refusal to grant him benefits accrued from the extension period, despite having completed the full extended tenure before retirement.
In 33 page verdict passed on November 18 the court found the action of the Finance Secretary to be a clear overreach into the judicial domain, noting that Article 229 vests exclusive administrative and financial control of the High Court establishment in the Chief Justice.
Any executive attempt to reinterpret or sit in judgment over the Chief Justice’s order, the Bench observed, violates the fundamental principle of separation of powers.
The judges remarked that the Chief Justice’s authority in matters concerning High Court staff is constitutionally insulated from executive interference. By refusing to honour the extension order, the Finance Secretary had effectively undermined a binding constitutional provision.
Calling the episode an unwarranted encroachment on judicial independence, the Bench stressed that separation of powers is essential to democratic governance and could not be compromised by departmental overreach.
Allowing the petition, the High Court directed the State government to immediately release all consequential benefits owed to the petitioner for the extension period.
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