NAWAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Challenge in these appeals is to the orders of compulsory retirement of Judicial Officers, who were working in the State of U.P.

(2.) At the outset, it is to be reiterated that the judicial service is not a service in the sense of an employment. Judges are discharging their functions while exercising the sovereign judicial power of the State. Their honesty and integrity is expected to be beyond doubt. It should be reflected in their overall reputation. Further nature of judicial service is such that it cannot afford to suffer continuance in service of persons of doubtful integrity or who have lost their utility. If such evaluation is done by the Committee of the High Court Judges and is affirmed in the writ petition, except in very exceptional circumstances, this Court would not interfere with the same, particularly because order of compulsory retirement is based on the subjective satisfaction of the Authority.

(3.) On the basis of the aforesaid principles these appeals against the judgments and orders dated 19-4-1999, 27-3-1999 and 15-2-2000 passed by the High Court of Allahabad in CMWP No. 14831 of 1999, CMWP No. 28664 of 1998 and CMWP No. 1312 of 1999, challenging their compulsory retirement at the age of 58 years, are required to be decided.