In pursuance of the provisions of Rule 12 of the Delhi Higher Judicial Service Rules

## Report on the Government of National Capital Territory of Delhi Notification Regarding Appointment to the Delhi Higher Judicial Service **1. Executive Summary:** This report analyzes a notification from the Government of the National Capital Territory (NCT) of Delhi concerning the appointment of Mr. Virender Kumar Kharta to the Delhi Higher Judicial Service (DHJS). The notification outlines the terms of the appointment, including its provisional nature, probationary period, verification requirements, salary, and conditions related to pending court cases. The core purpose of the notification is to officially announce the appointment and specify the rules governing it. Key findings include the emphasis on verification of credentials, the provisional nature of the appointment, and the reliance on existing DHJS rules and judicial decisions. **2. Introduction:** This report aims to provide an informative overview of a notification issued by the Government of the National Capital Territory of Delhi regarding an appointment to the Delhi Higher Judicial Service. The analysis is based solely on the content of the provided policy text. **3. Policy Overview:** This is a notification regarding an appointment under the Delhi Higher Judicial Service Rules, 1970. The core objective is to formally appoint Mr. Virender Kumar Kharta to the DHJS, specify the terms and conditions of the appointment, and ensure compliance with relevant regulations and legal precedents. **4. Background and Rationale:** This notification is likely the result of a vacancy in the Delhi Higher Judicial Service, requiring a new appointment. The detailed conditions, particularly concerning verification and pending court cases, suggest a focus on ensuring the integrity and legal soundness of the appointment process. The reference to the DHJS Rules, 1970, indicates the appointment is being made within an existing legal framework. **5. Key Provisions / Changes:** This is a *new policy announcement* of an appointment, thus this section details the rules and actions mandated by the text: * **Appointment:** Mr. Virender Kumar Kharta is appointed to the Delhi Higher Judicial Service against a permanent post, but in a temporary capacity. * **Probation:** The appointment is subject to a two-year probationary period, effective from the date he assumes office. * **Verification:** The appointment is provisional and contingent on the verification of the candidate's character, antecedents, and caste/disability certificate (if applicable). * **False Claims:** If verification reveals false claims regarding Scheduled Caste/Scheduled Tribe or disability status, the services will be terminated immediately, and further action may be taken under the Indian Penal Code. * **Governing Rules:** The appointment is governed by the Delhi Higher Judicial Service Rules, 1970, as amended, and other relevant orders/instructions. * **Salary:** The post carries a specific pay scale (Rs.51550-1230-58930-1380-63070 prerevised) plus allowances as per the rules. * **Legal Precedent:** The appointment is subject to the final outcome of pending Writ Petitions (WPC No.10113/2015 and WPC No.8132/2020) in the Delhi High Court. **6. Target Audience and Stakeholders:** The primary target audience is: * **Mr. Virender Kumar Kharta:** The individual being appointed. * **The Delhi High Court:** As they are consulted in the appointment process. * **The Government of NCT of Delhi (specifically the Department of Law, Justice, and Legislative Affairs):** The appointing authority and responsible agency. * **Other members of the Delhi Higher Judicial Service:** As the appointment affects the composition of the service. * **Litigants and the public:** As the appointment affects judicial capacity. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Department of Law, Justice, and Legislative Affairs of the Government of NCT of Delhi is responsible for issuing the notification. The Delhi High Court is involved in the consultation process. * **Timelines/Procedures:** The appointment is effective from the date Mr. Kharta assumes charge. The probationary period is two years. Verification of credentials must be completed. * **Enforcement:** The notification states that services will be terminated immediately if false claims are discovered during verification, indicating an enforcement mechanism. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of this appointment are: * **Filling a Vacancy:** To address a need for judicial personnel within the Delhi Higher Judicial Service. * **Maintaining Judicial Capacity:** To ensure the smooth functioning of the judicial system in Delhi. * **Ensuring Integrity:** To uphold the integrity of the appointment process by emphasizing verification and adherence to existing rules and legal precedents. * **Clarity and Transparency:** To provide clarity regarding the terms and conditions of the appointment. **9. Conclusion:** The notification formally announces the appointment of Mr. Virender Kumar Kharta to the Delhi Higher Judicial Service. It highlights the provisional nature of the appointment, the importance of verification, and the adherence to existing rules and legal precedents. The notification ensures that the appointment is transparent and compliant with legal requirements, contributing to the overall functioning of the judicial system in Delhi. The appointment is subject to the outcomes of pending court cases, underscoring the dynamic nature of judicial appointments.

Key Entities Referenced