SHIV CHARAN Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) THE petitioners herein were appointed as the members of the Delhi Judicial service in 1972-73 and were promoted to the Delhi Higher Judicial Service on an adhoc basis. The petitioners along with Sh. M. S. Rohilla were reverted to Delhi judicial Service on 15. 02. 1995. Sh. Rohilla challenged the order of reversion by filing a WP (C)4589/1995 but the petitioners herein accepted the reversion. Sh. M. S. Rohilla succeeded in the writ petition which was decided by the Full Bench of this Court in M. S. Rohilla v. High Court of Delhi at New Delhi; 129 (2006) DLT 737. It was held that though the High Court had the control over the subordinate judiciary including disciplinary jurisdiction, it had no authority to pass an order against a judicial officer which had the effect of removal from service or reduction in rank as such power is vested with the Lieutenant governor. The recommendation of the High Court for reverting the petitioner had not been sent to the Administrator of Delhi for formal approval as required under Article 233 r/w Article 235 of the Constitution of India and thus the impugned order was not sustainable apart from the fact that no opportunity of hearing had been given to the petitioner before reduction in rank.

(2.) THE petitioners herein filed the writ petitions seeking parity with sh. M. S. Rohilla as they had also been reverted by the same order and thus claimed all financial benefits treating the petitioners as members of the Delhi Higher judicial Service till the date of their retirement.

(3.) IT may be noticed that the petitioners have, in the meantime, attained the age of superannuation.