Judge rapped for ‘pick-&-choose’ policy

In a unique order, the Punjab and Haryana High Court has rapped Patiala’s then District and Sessions Judge and another respondent for “pick-and-choose policy”. The admonition came as Justice Mahabir Singh Sindhu set aside the judge’s order against a court employee with Rs 10,000 costs after describing his action as wholly unreasonable and liable to be invalidated.

Justice Sindhu ruled that the amount was to be paid to the employee by the Sessions Judge and the other respondent in three months. “There is an old saying ‘you show me the man and I will show you the rule’ which means that rules change depending on how influential the person is. It appears ex facie to be a classic case of pick-and-choose policy adopted by a respondent and the Sessions Judge by denying the lawful benefit of second ACP to the petitioner, while granting the benefit to other similarly situated employees,” the court asserted.

The direction is significant as it is unusual for the high court to set aside a Sessions Judge’s order with costs to be borne by him and another respondent.