R L GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The above petition was originally filed by two members of the Delhi Higher Judicial Service, byname S/Shri R. L. Gupta and S. N. Aggarwal. Since the Court was of the view that the petition of Shri S. N. Aggarwal should be considered independently, he was asked to file a separate petition. The present petition was, therefore, confined to Shri R. L. Gupta, who is hereafter referred to as 'the petitioner'.

(2.) Shri R. L. Gupta, the petitioner joined the Judicial Service of Punjab on January 23, 1962 and became a member of the Delhi Judicial Service on its initial constitution on August 2, 1971. He was confirmed in the said service as a Sub-Judge on August 6, 1971. He was sent on deputation as the first District Supreme Court of India for the purposes of making an inquiry into the allegations in regard to the incidents of organised violence which took place in Delhi following the assassination of the former Prime Minister (copy enclosed). One of the posts sanctioned for the functioning of this Commission is Secretary to the Commission in the scale of Rs. 2500-2750. With the approval of Shri Justice Ranganath Misra, it has been proposed to appoint Shri Rameshwar Lal Gupta, Additional District and Sessions Judge and Member-Secretary of the Delhi Legal Aid and Advice Board as Secretary of the Commission. The post of Secretary has been created from the date it is filled in and up to 26-10-1985 for the present but likely to continue. We shall be grateful if you could kindly spare the service of Shri Rameshwar Lal Gupta to act as Secretary of the Commission for the aforesaid period. This may be treated as Urgent.

(3.) On receipt of the said letter the petitioner was asked by the High Court whether he was willing to work as the Secretary of the Commission. The petitioner expressed hiswillingness to do so by his letter dated May 30, 1985. On 31-5-85/1-6-85 the Registrar addressed a letter to the petitioner which reads thus:-