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State of Punjab & Anr. v. Brijeshwar Singh Chahal & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3194 of 2016)Decided 30 Mar 2016
Civil Appeal No. 3194 of 2016
Chief Justice T.S. Thakur · Justice Kurian Joseph

Background

Law officers (Assistant/Deputy Advocates General) working for the State of Punjab challenged the State's informal, criterion-less process of absorbing and promoting such officers, after a colleague with far less experience was absorbed as Senior Deputy Advocate General ahead of them. A connected transferred petition raised a similar grievance against the State of Haryana over engagement of a law officer. The High Court had ruled in the officers' favour, prompting the States' appeal to the Supreme Court on the broader question of whether appointment/absorption of such law officers could be judicially reviewed for arbitrariness under Article 14 of the Constitution.

Decision Breakdown

The Supreme Court held that appointment of State law officers, while involving an element of political/governmental discretion, must still be exercised fairly, objectively and transparently, and is open to challenge if arbitrary. It laid down a structured three-stage procedure for the States of Punjab and Haryana: (1) a realistic assessment of the State's actual need for law officers in each category, (2) constitution of a Selection Committee (headed by the State's Law Secretary) to select candidates against defined norms, and (3) consultation with the Chief Justice of the Punjab and Haryana High Court (who may set up a Committee of Judges) before final appointment, extension, or re-appointment. It clarified that existing appointments already made would not be disturbed, but any future extension or re-appointment must follow this process, and left the writ petitioners free to put themselves forward for consideration under the new process.

Lesson Learnt

Government discretion in appointing or promoting law officers is not unlimited: it must be exercised through a fair, criteria-based, and (where relevant) judicially-consulted process, and citizens/officials affected by an arbitrary or criterion-less selection process can seek judicial review under Article 14.

Official source (sci.gov.in)View Judgment (PDF)

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