JAGDISH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner was a promotee member of the U. P. Higher Judicial Service from the cadre of Judicial Magistrates. At the time of his compulsory retirement with effect from 23.8.1997 by the order of the State Government dated 12.8.1997 on completion of his 58 years of age, the petitioner was posted at Aligarh as IInd Additional Sessions Judge.

(2.) By means of this writ petition, the petitioner has challenged the aforesaid order of the State Government dated 12.8.1997 retiring the petitioner compulsorily and has prayed for quashing the said order dated 12.8.1997 as well as the resolution of the Screening Committee dated 10.7.1997. The petitioner has also challenged and prayed for quashing of the annual confidential remarks dated 12.9.1995 awarded to him for the year 1994-95.

(3.) According to the petitioner the impugned action has been taken against him only on the basis of adverse remarks awarded to him for the year 1994-95. The petitioner had earlier challenged the two adverse remarks awarded to him by the District Judge. Moradabad, besides the adverse remarks of the Hon'blc Inspecting Judge of the Moradabad Judgesriip for the year 1994-95 by filing Writ Petition No. 21348 of 1997, Jagdish. Singh v. High Court and another, which was withdrawn and thereafter he has filed the present writ petition in which both the adverse remarks for the year 1994-95 and the action of the State Government retiring the petitioner compulsorily have been challenged. The petitioner has alleged that the Hon'bte Inspecting Judge of the Moradabad Judgeship paid an incognito surprise visit to the Moradabad Bar on 18.4.1995 and later on made annual inspection of the Moradabad Judgeship from 22nd May to 28th May. 1995. The annual confidential remarks awarded by the District Judge. Moradabad to the petitioner for the year 1994-95 are contained in Annexure-1 to the writ petition. The relevant adverse portions of the said remarks are being quoted below : "Integrity withheld subject to opinion of Hon'ble Inspecting Judge on the note submitted to his Lordship." "The overall assessment of the merit of the officer has been adjudged as 'poor'. In the column of "other remarks, if any" the District Judge has mentioned that he commanded a bad reputation."