Delhi HC pulls up centre for holding revision of pay scales of public prosecutors
The Judge said he was "disturbed" after reading the file, as the Centre had put hundreds of objection in it, which was "not warranted".
“This is a minor thing, you resolve it,” the court advised Additional Solicitor General Sanjay Jain, who appeared for the Centre.
The Delhi High Court has pulled up the Centre for “not doing anything” on the proposal sent by the AAP government for revision of pay scales of public prosecutors of the district courts in Delhi.
“You (Centre) are not doing anything on the proposal,” Justice J R Midha said, adding the revised salaries are to be paid by the Delhi government then why the central government was not giving its go ahead to it.
“The manner in which the file is moving, shows that the Centre is not interested in doing anything,” it said, adding the file was sent to the LG in September last year, after which it was sent to the President of India for his approval as the Delhi government does not have power to decide service related issues.
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“This is a minor thing, you resolve it,” the court advised Additional Solicitor General Sanjay Jain, who appeared for the Centre.
The Judge said he was “disturbed” after reading the file, as the Centre had put hundreds of objection in it, which was “not warranted”. The judge also asked why the Finance Ministry was sitting over the file since six months.
Delhi government counsel Rahul Mehra submitted that they had sent the cabinet note in December last to the LG approving hike in the salary of the prosecutors.
Mehra contended that the LG has put a stay on the proposal and sent it to the President on the ground that service matters do not lie in Delhi government’s domain.
The court was hearing a petition filed through advocate Ashish Dixit seeking contempt action against Home Secretary for not complying with the court’s September 9, 2015 order.
The court in its September 2015 order had directed the Delhi government that the decision to increase the pay scales of Delhi public prosecutors be implemented without any delay.
The contempt petition filed by Delhi Prosecutors Welfare Association alleged “deliberate and willful disobedience” on the part of the Centre and city government in complying with the court order.
The association, in its petition, has said assurances to the court by Delhi government on providing Internet facilities to the prosecutors have also not been done.
“It is submitted that despite there being explicit directions by this court for implementing the cabinet decision dated September 1, 2015 the respondents (Centre and Delhi government) have till date not complied with the directions.
“The respondent 1 (Centre) and respondent 2 (Delhi government) have demonstrated an attitude which violates the majesty of this court. The respondents deliberately and willfully have not complied with the directions of this court,” the petition has said.
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