Date: Sat, Mar 10, 2012 at 3:59 PM
Subject: Message from EGroup of SolapurCAs Judges Who "Outsource" Judgements Can Be Dismissed Without Enquiry: Supreme Court
To: editor@itatonline.org
The following important judgement is available for download at itatonline.org.
Ajit Kumar vs. State of Jharkhand (Supreme Court)
Judge alleged to have "outsourced" judgements can be dismissed without opportunity of hearing or enquiry
The appellant was appointed sub-ordinate Judge in the Garhwa Civil Court. The Inspecting Judge inspected the records of the Civil Court and submitted a confidential report to the Chief Justice of the Jharkhand High Court that the appellant did not prepare judgments on his own but got it prepared by some body else before delivering the judgments. The Chief Justice referred the matter to the Full Court. The Full Court resolved that the appellant be recommended for removal from service without any enquiry as it was felt that it was not practicable in the interest of the institution to hold an inquiry since it may lead to the question of validity of several judgments rendered by him. Pursuant to that resolution, the Governor exercised power under proviso (b) to Article 311(2) of the Constitution and removed the appellant from service. This was unsuccessfully challenged before the High Court. In appeal before the Supreme Court, it was argued that an enquiry for the purpose of removal of a judicial officer could not be dispensed with. It was also claimed that there was no evidence to show that the appellant was guilty of any misconduct as alleged. HELD dismissing the appeal:
Regards,
Editor,
---------------------
Latest:
No comments:
Post a Comment