Delhi High Court Judges Recuse Themselves From Pay Commission Case Over Allegations Of Selective Case Hearing

In a surprising turn of events, two judges from the Delhi High Court have recused themselves from hearing petitions related to the implementation of Pay Commission recommendations. The decision comes after a lawyer accused the bench of selectively picking cases for hearing.

Justices C Hari Shankar and Ajay Digpaul expressed deep concerns, describing the situation as “extremely disturbing.” They decided to refer the case to another bench, subject to the orders of the Chief Justice.

“We do not consider it appropriate to retain these cases,” stated the bench. “These cases should be listed before another bench, subject to the Chief Justice’s directions, on 4th March 2025.”

Background Of The Dispute

The Central Government filed the petitions for the period 2022-2024. The core issue revolves around when the respondents will be entitled to receive the benefits recommended by the Pay Commission.

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At the outset of the hearing, the bench informed the counsel that prioritizing this group of petitions might not be suitable.

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With 106 other cases already listed, including those involving casual laborers and widows waiting for pensions, the bench suggested rescheduling the Pay Commission case for a later date.

Lawyer’s Displeasure And Allegations Of Selectivity

The counsel for the petitioners voiced significant displeasure at the proposal, asserting that he had every right to argue the cases on the same day.

In response, the court acknowledged the lawyer’s right to argue but also raised concerns when the lawyer went further, accusing the bench of selectively choosing cases to hear.

The bench remarked, “This is very disturbing. Our goal has always been to dispose of as many cases as possible, but we must also be mindful of the urgency of each matter and its duration. If we fail to do so, we may cause more injustice than justice.”

A Call For Fairness And Justice

The Justices emphasized the importance of fairness and transparency in the judicial process, stating that the principle of justice should not only be done but also be seen to have been done.

Due to the serious nature of the allegations, they concluded that it would be best to recuse themselves from hearing the petitions in question.

The case will now be taken up by another bench, in accordance with the Chief Justice’s orders.

The development highlights the delicate balance that courts must strike between ensuring justice and maintaining public trust in the judicial system.