HIGH COURT OF MADHYA PRADESH Vs. MAHESH PRAKASH

JUDGEMENT

(1.) This is an appeal by special leave which was filed by the High Court of Madhya Pradesh against the judgment and order of a Division Bench of the Madhya Pradesh High Court on a writ petition filed by the first respondent. By reason of the order dated 17th August, 1994 the Secretary to the Government of Madhya Pradesh, Law and Legislative Affairs Department, Ministry of Law, was impleaded, upon his own application, as the second appellant.

(2.) The order under challenge states that the first respondent shall be deemed to have been confirmed in the post of Civil Judge, Class II with effect from 5th February, 1973 and, in that behalf quashes the resolutions or decisions of the Full Court of 5th February 1973, 27th July, 1974, 26th April, 1976 and 5th May, 1985.

(3.) The first respondent was appointed Civil Judge Class II having been selected by the M. P. Public Service Commission along with 43 others who, along with the appellants, were respondents to the writ petition. He was the first in the Commission's merit list. On 23rd November, 1971, the High Court informed the 1st respondent that he needed to be prompt in disposing of applications for temporary injunctions and in the matter of delivery of judgments. He also had to be firm in the matter of adjournments of civil suits at the stage of evidence. On 30th September, 1972, the District Judge in whose district the first respondent was posted made the following remarks in the first respondent's confidential report for the period ending 30th September, 1972: