Supreme Court - Daily Orders
Rahul Ranjan vs Govt. Of Nct Of Delhi on 19 September, 2022
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 374 OF 2022
RAHUL RANJAN ..... PETITIONER
VERSUS
GOVERNMENT OF NCT OF DELHI AND OTHERS ..... RESPONDENTS
O R D E R
We do not find any good ground and reason to issue notice in the present writ petition, which, in our opinion, is meritless and misconceived. The doctrine of separation of powers, as evolved, has been elucidated by this Court in “Dr. Ashwani Kumar vs. Union of India & Another” [(2020) 13 SCC 585]. We do not think that a short- term appointment on deputation of an officer belonging to the Delhi Higher Judicial Service as the Principal Secretary, Department of Law, Justice & Legislative Affairs, Govt. of NCT of Delhi, which has been the practice for a long time, has in any way affected independence or violates the doctrine of separation of powers. The officers sent on short-term deputation, in terms of Article 235 of the Constitution of India, remain under the ‘control’ of the High Court. A Constitution Bench of this Court in State of Orissa v. Sudhansu Sekhar Misra and Others, AIR 1968 SC 647, observed:
“14...Except for very good reasons we think the High Court should always be willing to spare for an Signature Not Verified Digitally signed by agreed period the services of any of the officers BABITA PANDEY Date: 2022.09.21 18:01:16 IST under its control for filling up such executive Reason: posts as may require the services of judicial officers...Both the High Court and the government should not forget the fact that powers are conferred on them for the good of the public and 2 they should act in such a way as to advance public interest. If they act with that purpose in view as they should, then there is no room for conflict and no question of one dominating the other arises. Each of the organs of the State has a special role of its own. But our constitution expects all of them to work in harmony in a spirit of service.” The writ petition is dismissed.
Pending application(s), if any, stands disposed of.
..................J. (SANJIV KHANNA) ..................J. (J.K. MAHESHWARI) NEW DELHI;
SEPTEMBER 19, 2022.
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ITEM NO.1 COURT NO.12 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 374/2022
RAHUL RANJAN Petitioner(s)
VERSUS
GOVT. OF NCT OF DELHI & ORS. Respondent(s)
(FOR ADMISSION )
Date : 19-09-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Ms. Aswathi M.k., AOR Mr. Shadab Husain Khan, Adv.
For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R The writ petition is dismissed in terms of the signed order.
Pending application(s), if any, stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)