Control over subordinate judicial staff rests with the High Court; any action taken by the District Judge without prior approval is unauthorized and illegal.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. D. Das, the learned Senior Counsel assisted by Mr. K. Mohammad, the learned counsel appearing on behalf of the petitioner. Mr. S. Tapin, the learned Government Advocate, Arunachal Pradesh appears on behalf of the respondent No. 1; Mr. T.J. Mahanta, the learned Senior Counsel, who is also the Standing Counsel of the Gauhati High Court, Principal Seat assisted by Mr. A. Baruah, the learned counsel appears on behalf of the respondent No. 2; Mr. M. Pertin, the learned Senior Counsel who is also the Standing Counsel of the Gauhati High Court, Itanagar Permanent Bench assisted by Mr. M. Pertin, the learned counsel appears on behalf of the respondent Nos. 3 and 4; Mr. S.R. Rabha, the learned Standing Counsel appears on behalf of the respondent No. 5.

2. The present proceedings raises an important question of law on the aspect, as to whether, a member of the Ministerial Staff of the District Judiciary can be allowed to go on deputation by the District and Sessions Judge without the approval and prior information of the High Court.

FACTS OF CASE AS STATED IN THE WRIT PETITION

3. The petitioner herein was appointed to the post of Peshkar vide an order dated 21.12.2015, pursuant to a selection made by the Recruitment Cell of the Gauhati High Court, on the basis of an advertisement dated 18.07.2013. The petitioner was posted in the Establishment of the learned Court of the Chief Judicial Magistrate- cum-Civil Judge (Senior Division), Aalo, West Siang District (hereinafter referred to as, “CJM, Aalo”).

4. An Advertisement was issued on 26.12.2023 by the Arunachal Pradesh State Human Rights Commission (hereinafter referred to as, “the respondent No. 5”) for filling up of 4 (four) posts of Assistant by 100% appointment on deputation or by Analogous posts of Officers in the Pay Matrix-5. The petitioner, having eligibility, sought approval for applying for the appointment on deputation to the post of the Assistant from the CJM, Aalo vide an application dated 22.01.2024. The CJM, Aalo forwarded the petitioner’s application dated 22.01.2024 to the District and Sessions Judge, Aalo, West Siang District, Arunachal Pradesh.

5. At this stage, it is very pertinent to take note of that there was no Officer appointed at that point of time as the District and Sessions Judge, Aalo, West Siang District, Arunachal Pradesh. However, the charge to the said post of District and Sessions Judge, Aalo, West Siang District, Arunachal Pradesh was given to the Officer who was holding the post of District and Sessions Judge, East Siang District, Pasighat namely one Mr. Tageng Padoh. Upon receipt of the said application which was forwarded, the said Officer namely, Mr. Tageng Padoh put a note in the said application dated 22.01.2024 stating “ Controlling Officer may comply with the prescribed form of certification with NOC of the applicant to go on deputation”. On the basis of such authorization given by the said officer, namely Mr. Tageng Padoh, the District and Sessions Judge (In-charge), Aalo, West Siang District, the CJM, Aalo certified the application of the petitioner on 25.01.2024 and on the basis thereof, the petitioner submitted the application to the Secretary of the respondent No. 5 on 30.01.2024.

6. The respondent No. 5 pursuant to the said application sought for various documents from the CJM, Aalo vide the communication dated 10.06.2024 which included:

1. Annual Performance Assessment Report (APAR) for the last five years.

2. Vigilance Clearance Certificate.

3. Integrity Certificate issued by the Head of the Department.

4. Pay Matrix Level as on date and the date of entry in the present Pay matrix level.

5. The promotion order of the applicant to the post hel