| J&K Sessions Judges case in SC, notice issued to J&K HC & Govt | | | Early Times Report
Jammu, July 1: A Division Bench of the Supreme Court of India comprising Justice Jagdish Singh Khehar and Justice RK Agrawal today, after hearing Prof.Bhim Singh, Sr. Advocate issued notice to the Govt. of J&K as well as to the High Court of J&K in a writ petition filed under Article 32 of the Constitution of India challenging the premature retirement of Shakti Kumar Gupta while he was functioning as Principal & District Sessions Judge, Kargil on 1st January, 2014.
The court issued notice returnable in four weeks. The court observed that the record of the proceeding may be called for if necessary.
Sr. Advocate Prof. Bhim Singh described the pre-retirement ordered of the High Court as illegal, unconstitutional and malafide as there cannot be retrospective retirement which has been opined by the Supreme Court of India. Prof. Bhim Singh, Sr. Advocate who appeared for the petitioner yesterday had submitted that the High Court of J&K has erred by issuing the retirement order against Shri Shakti Kumar Gupta, the then Principal & District Sessions Judge, Kargil when he had already completed 57+ years in service. Referring Rule 24 of the Higher Judicial Service Rules, 2009, Prof.Bhim Singh submitted that Rule 24 under which Shri Shakti Kumar Gupta was removed from the service did not apply in the present case as the process of assessing and evaluating the service record of Shakti Kumar Gupta was initiated on 21st/29th May, 2013 when the petitioner had already completed 56 years and six months. Rule 24, he submitted, could have been invoked against the petitioner before attaining the age of 55 years and not after obtaining 55 years. |
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