Neeraj Rohmetra
Jammu, Jan 1: In a clear vindication of the stand taken by the High Court Authorities, Governor, N N Vohra yesterday gave his formal nod for giving pre-mature retirement to three District and Session Judges.
As a sequel to the consent obtained from Raj Bhavan, the Law Department has also issued formal orders for termination of the three judicial officers.
“After going through the detailed reply submitted by the High Court Authorities, the Governor felt that the decision of the Full Court was in tune with the principles of justice and all factors were taken into consideration before taking the final decision”, reliable sources told EXCELSIOR.
Sources added, “Immediately after receiving the consent from Raj Bhavan on December 31, the Law Department started its exercise and the final order for suspension of three District and Session Judges was formally issued today morning”.
Earlier, on December 15, last year while responding to the communiqué received from Governor, N N Vohra, the State High Court had submitted that the decision was taken strictly in adherence with the legal provisions pertaining to the subject. The High Court authorities, while quoting several judgements had also made it clear that the decision of the Full Court was a binding on the State Government.
While claiming that the decision regarding pre-mature retirement of three District and Sessions Judges strictly as per the legal provisions contained in the Jammu and Kashmir Higher Judicial Service Rules, the High Court had cited examples of several similar decision taken by the High Courts of various other States in the country. The decisions taken by the respective High Courts had also been upheld by the Apex Court subsequently.
About the query as to why the review of performance of these District Judges was delayed, when it could have been done earlier also, the High Court has mentioned that as per the guidelines of Shetty Commission, the review can be done only at the age of 50, 55 or 58 and the process has to be initiated six months prior to the age at which the review is done.
Sources asserted that in the present case, while two Judges were approaching 58 years of age another was nearing the age of 55 years.
“Besides, the compulsory retirement can only be considered by High Court authorities only at these three stages and prior to 50 years of age the cases are considered for dismissal only. In case of compulsory retirement, the retirement benefits are given but in case of dismissal from the service no benefit is accorded”, sources remarked.
Raj Bhavan authorities had sought certain clarifications from the High Court after some members of judiciary fraternity submitted memorandum over this issue.
It is pertinent to mention here that decision on pre-mature retirement of three District and Sessions Judges was taken by the Full Court in its meeting presided over by the Chief Justice M M Kumar on June 2.
The unanimous decision of the Full Court was based on the report of the Administrative Committee of the High Court into the conduct of these three Judges– Muzaffar Iqbal Qureshi, the then Additional District Judge, TADA/ POTA Srinagar, who was also holding the charge of Additional District Judge, Bank Cases, Brij Mohan Gupta, the then Principal District and Sessions Judge Bhaderwah and Shakti Kumar Gupta, the then Principal District and Sessions Judge Kargil.
The State Cabinet put its seal on pre-mature retirement of the Judges in the first week of October, nearly four months after the decision of the Full Court.
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