CHANDIGARH: Expressing surprise over “unusual” delay in the implementation of Haryana’s policy on the tenure of the director of prosecution department for three years, the Punjab and Haryana high court has directed the state government to inform about the timeline to take a final decision in this regard.
The matter is pending before the HC in the wake of a petition filed by Sukhbir Singh, an officer of additional director rank in the prosecution department, for implementation of the instructions dated June 2018 issued by the state government to fix the tenure of HODs for three years. The HC was informed that the current director prosecution (HOD) completed his three-year tenure on July 7, 2019, and the eligible junior officers are to be considered for promotion as HOD as per the policy.
“An onerous attempt has been made therein, justifying step wise delay right from the date of instructions dated June 15, 2018, till the time preceding his joining of the current position... Justification of such a delay, is an oxymoron by itself, to say the least. The first step was taken only on April 1, 2019... ostensibly on the ground that there was no occasion to do anything prior thereto, as the current incumbent was due for completion of 3 years tenure on July 7, 2019. Thereafter, file remained with different desks for one reason or the other, including taking the opinion of the advocate general. Thereafter, the matter remained pending with the finance department for necessary sanction. Albeit, a period of about eight months or so, legitimately got consumed due to the pandemic, during which the file remained unattended from March 2020 to October 2020,” Justice Arun Monga observed while directing the state counsel to seek instructions to contemplated further timeline qua final decision on the amendment of the rules.
On June 15, 2018, the Haryana chief secretary had issued policy instructions that tenure of head of every department with effect therefrom shall be three years instead of five. However, despite that the current HOD of the prosecution department has been serving on the post for around five years. The HC has also ordered Narsher Singh, director, prosecution department, Haryana, to file an affidavit explaining steps taken by him to implement the instructions dated July 22 issued by the additional chief secretary (home) Haryana about creation two more posts of director of prosecution (special) and director of prosecution (legal) in Haryana.
On the intervention of the HC, the additional chief secretary (home) was directed to take requisite administrative steps, including the amendment in existing rules, immediately so as to avoid heartburn to the junior officers who would have become eligible on the impending completion of three years tenure of the earlier HOD. On this the ACS (home) on July 22, wrote a letter to director prosecution conveying sanction of the state government for the creation of two more posts of director of prosecution (special) and director of prosecution (legal).
He was also directed to make the proposal for necessary amendments in the relevant service rules.
