HC best judge to fix criteria for sub judges appntmnts: HC Reg

Delhi High Court was today told that it has to fix criteria for appointments in the subordinate judiciary as it is the "best judge" to evaluate the working of an officer.
The submission was made before a bench of Justices G S Sistani and Sangeeta Dhingra Sehgal by the Registrar General of the High Court on the plea of a senior trial court judge who has alleged that promotions in subordinate judiciary were non-transparent and arbitrary.
"The instant petition filed by petitioner (trial judge) is not maintainable in view of the fact that the appointment to post of Principal Judge, Family Court does not amount to promotion, as being contended by the petitioner.

"Moreover, it is the discretion of High Court/Respondent No.1 (Registrar General, High Court of Delhi) to see as to who is the competent person to be given charge of the Principal Judge, Family Court and the administrative discretion cannot be interfered under Article 226 of the Constitution," Joint Registrar (Gazette) with the Delhi High Court said, adding that the petition deserved to be "rejected outrightly".
It also "vehemently denied that criteria for promotion to the post of District and Sessions Judge adversely affected progression of many Additional District Judges as alleged".
The Registrar's response came on a plea of Additional District and Sessions Judge Sujata Kohli, whose petition has reflected long-standing grievances of many senior judges in subordinate judiciary who felt that the promotion policies for lower court judges adopted by various high courts including Delhi HC were "arbitrary and non-transparent".

Refuting her claim, the Delhi HC Registrar said it was "for the High Court to fix a criteria for appointment to a particular post as it is the best judge to evaluate the working of a particular officer to the said post".
"It is not incumbent upon the respondent to communicate the criteria adopted by it for appointing the Delhi Higher Judicial Service Officer as Principal Judge, Family Court," the reply said.