D K AGARWAL Vs. HIGH COURT OF ALLAHABAD

JUDGEMENT

(1.) SRI D. K. Agarwal was inducted in the U. P. Nyayik Sewa as a Munsif in the year 1957. He was confirmed, after his first posting on February 25, 1959 as a Munsif, on February 25, 1961. In January, 1968 he was posted as a Civil Judge and was confirmed as such in Marsh, 1974. In this State, like many others, there is a Higher Judicial Service. It is governed by the U. P. Higher Judicial Service Rules, 1975 (briefly, the Rules). D. K. Agarwal was promoted to this service on October 13, 1971. He was selected for this service on the criterion contained in rule 20 (3) namely, seniority-cum-merit. On April 20, 1977 he was confirmed in this Service. He was appointed as a District Judge on October 31, 1983.

(2.) SOME posts in the Higher Judicial Service are to be filled in by officers in the Selection Grade. Rule 27 regulates the grant of Selection Grade. It says :-

(3.) THE petitioner says that, along with the other eligible officers for grant of supertime scale, his case was also considered by the Selection Committee consisting of three Hon'ble Judges of this Court and the Committee, after thoroughly scrutinising his service record and being satisfied that he was possessed of necessary merit, recommended his name for the grant of supertime scale. THE recommendations were placed before a meeting of the Full Court on May 17, 1986. In this meeting one of the Hon'ble Judges (Hon, Mr. Justice K. N. Misra) complained orally against the petitioner in respect of his alleged involvement in some smuggling activity in June, 1985 at which the matter was deferred for consideration to a subsequent meeting. THE case of the petitioner is that in May, 1986 some inquiry was conducted by Justice K. N. Misra behind the back of the petitioner through the District Judge, Gonda on the basis whereof he made the allegations against the petitioner in the Full Court meeting of May 17, 1986. THE District Judge is said to have written to the District Magistrate, Gonda inquiring about the involvement of the petitioner in smuggling activities who, after making inquiry into the matter, found the accusation as malicious and baseless and wrote to the District Judge around May 31, 1986. THE petitioner also says that Hon'ble Mr. Justice K. N. Misra made inquiries from the Secretary, Vigilance, U. P. Government, who also informed him that there was no truth in the allegation that the petitioner was involved in any smuggling activity.