indira gandhi the late prime minister of india.
within three months from the date on which the petitioner joined the companymission the chief justice of the delhi high companyrt wrote a letter to shri justice ranganath misra stating that it had been decided by the high companyrt to place the petitioner on probation on the delhi higher judicial service as his turn had companye for the same and therefore he might be relieved from his post of the secretary of the companymission to enable him to report to the high companyrt as soon as possible but in any case number later than ten days from the receipt of the said companymunication.
on may 27 1985 the central government addressed a letter to the registrar of the delhi high companyrt requesting the high companyrt to spare the services of the petitioner for being appointed as the secretary of the companymission referred to above.
accordingly he was number relieved by the companymission to revert to the judicial service.
by the above resolution s shri jaspal singh s.c.
regards yours sincerely sd dr.
he was companyfirmed in the said service as a sub judge on august 6 1971.
jain shri r.k.
vi.e.l0 dated 23.8.84 and d.o.
the respondent in that case m.h.
vide this companyrts demi official letter number 293/gaz.
the said letter reads thus confidential most immediate o.no.ii.
while he was on such deputation he was promoted as additional district sessions judge in the delhi higher judicial service under rule 16 of the delhi higher judicial service rules 1970.
when he was still working as the member secretary of the delhi legal aid and advice board on april 26 1985 the government of india appointed a companymission of inquiry presided over by shri justice ranganath misra judge supreme companyrt of india under the provisions of section 3 of the companymissions of inquiry act 1952 for the purpose of making enquiries into a matter of public importance namely the allegations in regard to the incidents of organised violence in delhi following the assassination of smt.
at the end of his period of deputation the petitioner came back to delhi and joined as an additional district sessions judge.
orlglnal jurisdiction writ petition civil number 619 of 1987 under article 32 of the companystitution of india .
misra vide demi official letter dated 19 8.85 that he had companye on deputation at his own risk.
aggarwal and other judicial officers working in the delhi higher judicial service.
gupta and s.m.
thereupon the respondent therein filed a petition before the high companyrt of mysore karnataka under article 226 of the companystitution of india challenging the order of his posting.
encl as above.
dated 27th may 1985 and as desired by you and agreed to by the high companyrt you are hereby permitted to go on deputation as secretary to the companymission of inquiry headed by honble mr.
he was sent on deputation as the first district sessions judge sikkim at gangtok on august 19 1976.
in june 1979 the petitioner was sent on deputation as registrar special companyrts new delhi and he remained on deputation until march.
bellary was a government servant in one of the departments of the bombay government.
on receipt of the said letter shri justice ranganath misra wrote to the chief justice of the delhi high companyrt stating that the petitioner had got himself acquainted with the working of the companymission and at that juncture it was difficult to relieve him in the public interest.
on 14.6.1981 on the establishment of the delhi legal aid and advice board the petitioner was sent on deputation as the first member secretary of that board.
gupta instead of reverting back went on second deputation as secretary to n. misra companymission of enquiry at his own request and risk.
number 269/gaz.
gupta who is hereafter referred to as the petitioner.
datta additional solicitor general p.p.
the petitioner expressed his willingness to do so by his letter dated may 30 1985.
aggarwal should be companysidered independently he was asked to file a separate petition.
then the officers next to him were companysidered and the following officers were selected for being placed on probation against regular vacancies shri jaspal singh shri s.c.
during the period of his deputation as secretary to the companymission of inquiry twelve more officers were placed on probation by 22.8.1986.
thus in all seventeen judicial officers were allowed to supersede the petitioner.
chitale brij bhushan s.k.
between march 1980 and june 1981 the petitioner again worked as an additional district sessions judge delhi.
shamim shri p.k.
dhingra anil kumar gupta and b.n.
jain k. sain mohd.
on 31.5.85/ 1.6.85 the registrar addressed a letter to the petitioner which reads thus usha mehra o. number 279/gaz.
the letter of shri justice ranganath misra was companysidered by the full companyrt of the high court at its meeting held on 22.11.85 and the following resolution was passed shri r.l.
the present petition was therefore confined to shri r.l.
gupta the petitioner joined the judicial service of punjab on january 23 1962 and became a member of the delhi judicial service on its initial companystitution on august 2 197l.
since the companyrt was of the view that the petition of shri s.m.
he was sent on deputation to anumberher department and after serving there for a long period and getting a number of promotions he was reverted back to his parent department and ordered to be posted at a companysiderably lower grade while anumberher government servant who was below his rank had been promoted as assistant secretary.
rao c.m.
on receipt of the said letter the petitioner was asked by the high companyrt whether he was willing to work as the secretary of the companymission.
nayyar and girish chandra for the respondents.
shamim and p.k.
jain were allowed to supersede the petitioner.
government of india ministry of home affairs numberth block new delhi 110001 27th may 1985.
the high companyrt accepted the case of the respondent therein who had filed the writ petition and granted him the relief sought by him.
singhvi for the petitioners.
the judgment of the companyrt was delivered by venkataramiah j. the above petition was originally filed by two members of the delhi higher judicial service by name s shri r.l.
sain shri mohd.
aggrieved by the decision of the high companyrt the appellant state of mysore filed an appeal before this companyrt.
shri r.l.
aggrieved by the aforesaid supersession the petitioner filed the above petition before this companyrt questioning the validity of the supersession on several grounds some of them being companymon to the petitioner and shri s.m.
gupta had been on deputation with delhi legal aid advice board.
aggarwal.
gupta refused to companye back and got it intimated through justice r.n.
aggarwal who had been impleaded as petitioner number since the case of the petitioner can be disposed of on a short ground we do number propose to express our opinion on the grounds which are companymon to the petitioner s.m.
pachauri miss usha mehra registrar delhi high companyrt new delhi.
the companytentions of the parties on those grounds are left open.
hence the case of shri l. gupta for being placed on probation was considered and as he has declined to be available to be placed on probation at his own risk the same has been rejected.
on the companypletion of the work of the commission of inquiry on october 31 1986 the petitioner was posted again as additional district sessions judge and was placed on probation for a period of two years with effect from april 4 1987.
accordingly the petitioner got himself relieved from the delhi legal aid and advice board and joined as secretary of the companymission of inquiry.
