The recent posting of 2014-batch IAS officer Anish Yadav as Secretary of the Haryana Human Rights Commission (HHRC) has come under legal scrutiny. Yadav, who assumed the position on December 1, 2024, continues to hold additional charges as Deputy Commissioner, Hisar, Administrator of HSVP-Hisar, and Additional Director, Urban Estate, Hisar, since November 3, 2024.
Legal concerns have been raised by Advocate Hemant Kumar of the Punjab & Haryana High Court, who closely monitors administrative and bureaucratic matters in Haryana. Kumar has formally submitted a legal representation to HHRC Chairman Justice Lalit Batra (Retd.) and Members Kuldip Jain and Deep Bhatia, questioning the legality of Yadav’s appointment.
Legal Basis of the Challenge
Kumar cites Section 27(1)(a) of the Protection of Human Rights Act, 1993 (Central Act No. 10 of 1994), which mandates that the Secretary of a State Human Rights Commission must be an officer of at least the rank of Secretary to the State Government. Currently, Yadav holds the Junior Administrative Grade (JAG) of the IAS and has not yet been promoted to the rank of Secretary to the State Government, making his appointment potentially in violation of the law.
Availability of Eligible Officers
In his representation, Kumar points out there is no shortage of Secretary-rank IAS officers in Haryana. He highlights that as of January 1, 2025, six IAS officers from the 2009 batch have been promoted to the Super Time Scale (Level 14 in the Pay Matrix), making them eligible for appointment to the HHRC Secretary position.
Call for Legal Compliance
The advocate emphasizes that the provisions of the Protection of Human Rights Act, 1993, being an act of the Indian Parliament, must be adhered to strictly. Any deviation from the statutory requirement undermines the legal framework governing the functioning of the HHRC. Kumar urges the Haryana Government to reconsider Yadav’s appointment and ensure compliance with the mandated eligibility criteria.
With this legal challenge in the spotlight, the Haryana Government and HHRC are expected to clarify their stance on the issue. Whether corrective action will be taken or the appointment upheld remains to be seen.
