However, the State government said that though its views were sought by Arjun Ram Meghwal, Minister of State for Law & Justice, on August 12, the Union government hurriedly notified the appointment of the Chief Justice without awaiting its response.
No clear time limit is prescribed for the State and the Governor to send their recommendation in the case of appointment of the Chief Justice, the statement adds.
In contrast, it highlighted the case of Himachal Pradesh High Court Chief Justice Gurmeet Singh Sandhawalia, who had been recommended to be appointed as the Chief Justice of Madhya Pradesh High Court in 2024.
Punjab government said that this proposal was not notified by the Ministry of Law and Justice for more than two months on not receiving the recommendation from the Madhya Pradesh State Government.
Later, Justice Sandhawalia was appointed to Himachal Pradesh High Court.
The government said that under the ‘Memorandum of Procedure for Appointment and Transfer of Chief Justices and Judges of High Court’, the Union Minister of Law, Justice and Company Affairs is required to obtain the views of the concerned State government after receipt of a recommendation from the Chief Justice of India.
"After receipt of the views of the State Government, the Union Minister of Law, Justice and Company Affairs, will submit proposals to the Prime Minister, who will then advise the President as to the selection," it added.
However, the State government said that though its views were sought by Arjun Ram Meghwal, Minister of State for Law & Justice, on August 12, the Union government hurriedly notified the appointment of the Chief Justice without awaiting its response.
No clear time limit is prescribed for the State and the Governor to send their recommendation in the case of appointment of the Chief Justice, the statement adds.
In contrast, it highlighted the case of Himachal Pradesh High Court Chief Justice Gurmeet Singh Sandhawalia, who had been recommended to be appointed as the Chief Justice of Madhya Pradesh High Court in 2024.
Punjab government said that this proposal was not notified by the Ministry of Law and Justice for more than two months on not receiving the recommendation from the Madhya Pradesh State Government.
Later, Justice Sandhawalia was appointed to Himachal Pradesh High Court.
The Punjab government said this demonstrated that the Centre was discriminating against Punjab.
"As such, the feeling of perceived discrimination gets solidified in the sense that when a case of a Judge of the State of Punjab is to be considered, it is dealt differently as that in a case of another Judge from another High Court getting appointed in the State of Punjab,” it stated.
The Punjab government thus said that it was imperative that Justice Mishra's appointment and administration of oath be put on hold until the views of the State of Punjab are obtained and duly considered by the competent authority.
"Thereafter, the matter may be proceeded with in accordance with the procedure prescribed under the said Memorandum," the government statement said.
