Ajit Kumar vs State Of Jharkhand & Ors.

Ajit Kumar vs State Of Jharkhand & Ors.

 on 10 March, 2011
Author: . M Sharma
Bench: Mukundakam Sharma, Anil R. Dave
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2420 OF 2011
[Arising out of S.L.P (C) No. 12141 of 2008]
Ajit Kumar .... Appellant Versus
State of Jharkhand & Ors. ...Respondents JUDGMENT
Dr. MUKUNDAKAM SHARMA, J.
1. Leave granted.
2. This appeal is directed against the judgment and order dated 02.11.2007 passed by the Jharkhand High
Court dismissing the writ petition filed by the appellant.
3. The appellant herein was working as sub-ordinate Judge in Garhwa, Jharkhand when an order was issued
by the Governor of Jharkhand removing him from service by an order issued on 31.07.2003 on the basis of a
resolution of the Full 1
Court of the High Court of Jharkhand recommending his removal from service.
4. The appellant herein challenged the legality of the aforesaid order before the Jharkhand High Court by
filing a writ petition contending inter alia that the High Court does not have any power to dispense with an
enquiry as envisaged for the purpose of removal of a judicial officer like the appellant and therefore, the
impugned order was illegal and without jurisdiction. It was also submitted that there was no evidence on
record to show that the appellant was guilty of any misconduct and therefore the order of removal was illegal
and particularly also because of the fact that no notice was issued to the appellant before his removal from
service thereby violating the principles of natural justice. It was also submitted that there was a total
non-application of mind in passing the impugned order of removal by exercise of power under proviso (b) to
Article 311(2) of the Constitution of India.
5. The aforesaid submissions were considered by the High Court in the light of the material available on
record. The High Court found that the appellant was promoted as sub-ordinate Judge, Garhwa and that on
05.05.2003, the then Inspecting 2
Judge inspected the Garhwa Civil Court and inspected the records relating to the appellant and submitted his
confidential report to the then Chief Justice of the Jharkhand High Court against the appellant stating that the
appellant did not use to prepare judgments on his own, rather he used to get it prepared through some body
else before delivering the judgments. It was also found that the then Chief Justice, after going through the
report, referred the matter to the Full Court for considering the appropriate action. On 18.06.2003, the Full
Court, after considering the confidential report and the report of the Inspecting Judge, resolved that the
appellant can be recommended for removal from the service, without any enquiry as it was felt that it was not
practicable in the interest of the institution to hold an inquiry since it may lead to the question of validity of
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