Govt in dilemma over HC judge’s travel expenses

NEW DELHI, AUG 22: The government is in a dilemma over the controversy involving a sitting Madhya Pradesh High Court judge's travel bills. ...

NEW DELHI, AUG 22: The government is in a dilemma over the controversy involving a sitting Madhya Pradesh High Court judge’s travel bills. Questions have been raised whether these expenses, running into lakhs, are for official or personal travel.

Sources in the state judiciary say the Madhya Pradesh Accountant General has been asked to look into the travel accounts of Justice R D Vyas of the Indore Bench and “determine the amount that has to be recovered” from the judge.

Speaking to The Indian Express, Law Minister Ramakant D Khalap confirmed that the Chief Justice of the Jabalpur High Court Justice Ashok Mathur had “written to the ministry asking whether he (Justice Vyas) was entitled to such allowances or not.”

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Justice Vyas who joined the MP High Court in 1994, has since been travelling to Ahmedabad regularly and billing the government for it. “He goes there on Friday and returns on Monday. The explanation given is that whenever he `joins duty’ he is entitled to TA (travelling allowance),” said a senior judge of the High Court.

Following several such “visits,” Justice Mathur questioned Justice Vyas about his TA bills. Not only did Justice Vyas refuse to explain but even claimed that he was entitled to it. Subsequently, the Chief Justice wrote to the Law Ministry seeking its opinion.

Once again, Justice Vyas refused to “give an explanation.” Sources in the government said that Justice Vyas replied that the Chief Justice is only a brother judge and does not have the authority to stop his TA bill or salary. His reply also pointed out, sources said, that a “judge is the drawing and disbursing officer himself and that the ministry has no right to interpret the rule regarding payment of allowances to judges.”

Sources in the ministry said that there was an implied threat of contempt if questioned further and the judge had even said that the only action that could be taken against him was impeachment.

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Soon after Justice Mathur referred the matter to the Law Ministry for its opinion, the ministry replied that a High Court judge is “not entitled to the allowances,” which Justice Vyas had claimed.

When contacted, Justice Vyas said there was no inquiry into his travelling expenses and “so long as there is no inquiry, there is no question of replying.”

“Certain things I need not disclose to anyone as long as there is no inquiry,” he said. “There are no limits to a judge’s travel allowances and I don’t remember corresponding with anyone on this issue.”

According to Rule 22 of the High Court Judges (Conditions of Service) Act, 1954: “Every judge shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as may from time to time be prescribed.”