Administrative delay
Azhar Ahmad
(Querist) 28 March 2013
This query is : Resolved
If the Chief Justice of a State High Court is deliberately delaying issuance of an appointment order for nine months even after completion of medical tests and character verification, who should I approach and through what procedure?
Devajyoti Barman
(Expert) 28 March 2013
What type of appointment and who is the appointing authority.
The office of Chief Justice is also amenable to Writ remedies.
So Writ of Mandamus would lie.
Sudhir Kumar, Advocate
(Expert) 29 March 2013
I understand from your description that some one is selected for job in High Court.
Employer cannot be compelled to fill a vacancy. So I believe writ mandamus will not lie.
If interested you can file writ in Supreme Court.
Raj Kumar Makkad
(Expert) 01 April 2013
Better not to start with litigation rather try to meet personally to the concerned officials and remind them to expedite the process failing which submit reminder in humble language.
Azhar Ahmad
(Querist) 10 April 2013
Thank you for your response. The appointments are for the High Court as well as the subordinate district courts. The posts were originally advertised by the Law Department. But after selection of candidates by State Public Service Commission the file was sent to High Court for issue of orders, which I believe was not the proper thing to do. Since the posts were advertised by the Law Department therefore the orders should also be issued by the Law Department. There is also an apprehension that some powerful court official is trying to quash the list due to certain vested interests. Could the Registrar Vigilance of Supreme Court help in this issue?
