LAWS(ALL)-1997-11-151

BAHORAN SINGH Vs. STATE OF U.P.

Decided On November 17, 1997
Bahoran Singh Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The petitioner, who is a Judicial Officer, has filed this writ petition under Art. 226 of the Constitution of India praying that a writ of certiorari be issued quashing orders Annexure 6 and Annexure 7 dated 14th Feb., 1997 and 7th Feb. 1997 respectively by which the petitioner has been compulsorily retired with effect from 23rd April, 1997.

(2.) The facts, insofar as they are relevant, are that the petitioner was appointed Munsif after competing successfully in P.C.S.(J) Examination in the month of Feb., 1978. In due course he was appointed Civil Judge in the month of June 1987 and was posted as Addl. District Judge in the month of Aug. 1996. During this period he received some adverse entries from time to time which related mainly to deficiency in the disposal of cases. Such remarks were given for the year 1984-85 and 1986-87. However, the representation of the petitioner was allowed by the Administrative Committee on 18th Dec., 1991 and his explanation for low disposal was considered sufficient. In the subsequent years, i.e. for the year 1987-88 and 1993-94 also there were some adverse entries.

(3.) The entry which is comparatively more damaging to the petitioner was given in the year 1994-95 by the District Judge and it is Annexure-2 to the petition. The petitioner filed a representation Annexure-3 but it was rejected by the High Court, vide Annexure-5. The adverse entry for the year 1994-95 which was communicated to the petitioner by the High Court is Annexure-4 and reads as under :