SARNAM SINGH IIIRD ADDITIONAL DISTRICT JUDGE ALIGARH Vs. HIGH COURT OF JUDICATURE AT ALLAHABAD AND ANOTHER

JUDGEMENT

(1.) This writ petition is directed for quashing the annual character roll entry given by Hon'ble Mr. Justice R. B. Mehrotra I.J. on 16.7.1996. The second prayer made is for issuance of a writ of mandamus directing the respondents to consider the petitioner's case for selection grade from the due date and for his continuance in service till the age of 60 years uninfluenced by adverse remarks. A writ of certiorari has also been sought for quashing the order dated 12.11.1997 passed by the State of U. P. compulsorlly retiring the petitioner from service and to reinstate the petitioner with all consequential benefits.

(2.) In this writ petition, the interesting question of law Involved for determination by Judicial verdict is whether the petitioner who Joined the Higher Judicial Service on 23.4.1984 and whose integrity was beyond doubt according to him and judicial work was good as nothing adverse was communicated to him, all of a sudden on visit of Hon'ble Inspecting Judge Incognito, could have been awarded adverse entry that the petitioner was enjoying stinking reputation, his Integrity was doubtful, Judicial performance was poor and unsatisfactory. The next question Involved is whether the enquiry made by the Inspecting Judge Incognito from lawyers and litigants when the lawyers were on strike regarding reputation of petitioner and other officers can be made basis to spoil the career of petitioner without any sufficient material and without concrete and cogent instances of Integrity and whether the adverse entry can be reviewed by the High Court in its supervisory Jurisdiction as it is administrative action when petitioner's representation has been rejected by the Administrative Committee and on the basis of the same he has been compulsorlly retired. These are the questions which fall for Judicial consideration of this Court and require deep judicial analysis.

(3.) It appears that petitioner. Joined, as already stated, U. P. Higher Judicial Service on 23.4.1984. He was posted as Additional Dlstt. Judge, Moradabad from June, 1992 under Sri Tej Shankar the then Dlstt. Judge. Moradabad who was later on elevated to the Bench. He was also posted under Sri Bhagwandin the then Distt. Judge, Moradabad who also was elevated to the Bench later on. It may be stated that the petitioner was posted with 3 (three) Dlstt. Judges who were later on elevated to the Bench, namely, Sri N. S. Gupta, Sri Bhagwandln and Sri Tej Shankar, and according to petitioner, there was no complaint to all those 3 (three) the then Dlstt. Judges against his work and conduct.