Can a High Court judge nullify the order of the chief justice of his own HC?
Justice PB Bajanthri of Punjab and Haryana High Court has quashed the administrative order of a sitting Supreme Court judge Sanjay Kishan Kaul who, as Chief Justice of Punjab and Haryana High Court in July 2014, had "arbitrarily" given out-of-turn promotion to his protocol officer, Rajbir, ignoring 171 senior assistants.
In his 83-page judgment released on Friday, Justice Bajanthri has recorded that while extending undue favors to Rajbir, Justice Kaul has clearly violated 'equity before law' and 'equality of opportunity in matters of public employment' as enshrined in the Constitution. Rajbir is at present functioning as protocol officer to Chief Justice Shiavax Jal Vazifdar.
Finding the promotion order dated July 22, 2014, as "highly arbitrary, illegal", the court quashed it directing the administrative wing of the HC to fill up the vacancy of Superintendent Grade-II in accordance with High Court Establishment Rules, 1973, and promote the eligible petitioner with effect from July 22, 2014, within three months.
The Chief Justice has powers to relax rules under Rule 38 of High Court Establishment Rules, 1973, after being satisfied of undue hardship to the concerned person in "just and equitable manner". However, Justice Bajanthri observed, "In so far as third respondent (Rajbir) is concerned, the principle of no undue hardship and also just and equitable manner is not at all attracted. Undue hardship would arise if a particular provision of law is coming in the way of extending service condition to an employee without affecting the third party's right like the petitioners (18 senior assistants) in the present case."
Readers' Choice
Odisha Govt reinstates suspended IAS officer
Rules for One, Relaxations for Others: HC Backs whistle-blower IAS officer Over Empanelment Anomaly
Succession race for Haryana Chief Secretary intensifies
PIL filed against GO granting promotion to seven IAS officers to CS grade
Kerala Govt revokes suspension of B Ashok & N Prasanth
When an HC judge sets aside the order of chief justice
By IndianMandarins - 2017-03-04 11:38:12
Can a High Court judge nullify the order of the chief justice of his own HC?
Justice PB Bajanthri of Punjab and Haryana High Court has quashed the administrative order of a sitting Supreme Court judge Sanjay Kishan Kaul who, as Chief Justice of Punjab and Haryana High Court in July 2014, had "arbitrarily" given out-of-turn promotion to his protocol officer, Rajbir, ignoring 171 senior assistants.
In his 83-page judgment released on Friday, Justice Bajanthri has recorded that while extending undue favors to Rajbir, Justice Kaul has clearly violated 'equity before law' and 'equality of opportunity in matters of public employment' as enshrined in the Constitution. Rajbir is at present functioning as protocol officer to Chief Justice Shiavax Jal Vazifdar.
Finding the promotion order dated July 22, 2014, as "highly arbitrary, illegal", the court quashed it directing the administrative wing of the HC to fill up the vacancy of Superintendent Grade-II in accordance with High Court Establishment Rules, 1973, and promote the eligible petitioner with effect from July 22, 2014, within three months.
The Chief Justice has powers to relax rules under Rule 38 of High Court Establishment Rules, 1973, after being satisfied of undue hardship to the concerned person in "just and equitable manner". However, Justice Bajanthri observed, "In so far as third respondent (Rajbir) is concerned, the principle of no undue hardship and also just and equitable manner is not at all attracted. Undue hardship would arise if a particular provision of law is coming in the way of extending service condition to an employee without affecting the third party's right like the petitioners (18 senior assistants) in the present case."
