R C JAIN Vs. HIGH COURT OF PATNA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant is a District and Sessions Judge, Patna with effect from 22-9-1988. Along with others, his name was also consdered for extension of service beyond 58 years of age. The Evaluation Committee of the High Court of Patna held a meeting on 29-6-1995. Thereafter, the matter was considered by the Full Court (High Court of Patna) on 22-7-1995. The Full Court decided not to give extension to the appellant beyond the age of 58 years. Aggrieved by the same, the appellant filed C.W.J.C. No. 7401/95 in the High Court. By judgment dated 14-2-1996, a learned single Judge disposed of the writ petition with the observation that the appellant may make a representation before the Honble Chief Justice of the High Court with a prayer to place his case before the Full Court for reconsideration. As per orders of the learned Chief Justice on the administrative side dated 1-3-1996, the Registrar General, High Court of Patna, filed Letters Patent Appeal (LPA) No. 298/96 against the decision of the learned single Judge dated 14-2-1996. As per the orders of the Chief Justice dated 15-3-1996, the matter was posted before the Division Bench presided over by Mr. Justice N. Pandey. Objection seems to have been taken that the LPA was not maintainable. The Division Bench consisting of Mr. Justice N. Pandey and Mr. Justice I. P. Singh passed an order dated 27-3-1996 stating that the maintainability of the appeal shall be considered at the time of admission. From 1-4-1996 there was a change in the constitution of the Division Benches. On 4-4-1996, the Chief Justice ordered that the matter may be placed before the Bench dealing with the LPA matters. At that time, Mr. Justice S. N. Jha was presiding over the Division Bench dealing with the LPA matters. On 5-4-1996, the Division Bench presided over by Mr. Justice S. N. Jha submitted the LPA and stayed the operation of the decision of the learned single Judge dated 14-2-1996. The hearing was fixed to take place on 3-7-1996. In the meanwhile, the appellant filed the Special Leave Petition (SLP) before this Court on 1-5-1996, assailing the decision of the Division Bench dated 5-4-1996, admitting LPA No. 298/96 to file.

(3.) In the SLP filed in this Court, the appellant alleged that the LPA was filed without the permission of the Chief Justice of the High Court of Patna, that the then Registrar General and certain other officers of the Registry of the High Court were inimically disposed towards him, and it is based on the misrepresentation contained in the notes of Registrar (Inspection) dated 4-4-1996, an erroneous impression was given to the Chief Justice that the appellant filed the LPA against the decision of the learned single Judge, certain directions were given by the learned Chief Justice which has resulted in manifest injustice to him. In view of the above averments, a Bench of this Court, by order dated 9-7-1996 issued notice to the Registrar General, High Court of Patna, and directed that the entire papers may be placed before this Court for perusal at the next date of hearing. Accordingly, the matter came up before this Court on 12-8-1996.