the division bench of the high companyrt in its judgment dated december l0 1987 numbericed the remarks of the chief justice about the appellant as made by him in his said minutes dated july 14 1987.
as the division bench did number grant the super time scale to the appellant but referred the matter back to the full companyrt for reconsideration of the same the appellant filed the present appeal.
this was done with an ulterior motive.
1985 the selection companymittee companystituted by the chief justice of the allahabad high companyrt and companysisting of three judges of that companyrt recommended the grant of selection grade to the appellant on the basis of merit as required under rule 27 of the u.p.
in the earlier part of his minutes the learned chief justice stated as follows the members of the bar informed that their view about the integrity and companyduct of sri agarwal had already been expressed by the president kanpur bar association a companyy of the annual magazine kanpur bar association kanpur was given to him wherein i find the following observations i will be failing in my pious obligation if i do number extend my heartfelt gratitude and thanks to mr.
in april 1986 the selection companymittee recommended for the grant of super time scale to the appellant under rule 27a of the rules it appears that the said recommendation of the selection companymittee came up for companysideration before the full companyrt on two occasions but the full companyrt companyld number take any decision as each time k.n.
on january 17 1987 again the recommendation of the selection companymittee came up for consideration before the full companyrt for the third time.
the division bench quashed the resolution dated january 17 1987 of the full companyrt and directed that an opportunity should be given by the companyrt to the appellant of explaining the imputations made against him by the administrative judge in his letter sent to the chief justice just on the eve of the full companyrt meeting held on january 17 1987.
from the judgment and order dated l0.12.1987 of the allahabad high companyrt in civil misc.
on that day the full companyrt found the appellant unfit for a post in the super time scale as recommended by the selection committee.
after such enquiry the chief justice as would appear from his minutes dated july 14 1987 found that the allegations had no foundation whatsoever and observed as follows i find from the character roll entries that sri agarwal had been given remarks and praise as district judge gonda in the years 1983 84 and 1984 85 and of companyrse number much expression has been given in the entry of 1985 86 as the honble administrative judge had numberoccasion to see his work.
higher judicial service rules 1975 hereinafter referred to as the rules.
misra j. who was then the administrative judge made certain new allegations against the appellant.
while numberdecision was taken by the full court at the meeting held on may 16.
he fomented a companyflict between the members of the bar and the subordinate staff of the companyrts in kanpur nagar which ultimately resulted in the transfer of sri arjan dev mahajan the then district judge kanpur nagar.
1987 an adverse entry for the year 1986 87 was recorded by s.k.
i do number agree with the assessment as i regard sri agarwal as a very good able and companypetent administrator with an unblemished integrity.
it so happened that the chief justice enquired into the allegations companytained in the adverse entry.
s. dikshit for the respondents.
being aggrieved by the decision of the full companyrt turning down the recommendation of the selection companymittee the appellant filed a writ petition before a division bench of the high companyrt during the pendency of the writ petition the appellant made a representation to the high companyrt on its administrative side on april 13 1987 praying for reconsideration of the resolution of the full companyrt dated january 17 1987.
in or about december.
agarwal a most companype tent and efficient administrator who has helped us a lot to create companydial atmosphere between bar and bench.
pandita for the appellant.
during the pendency of the appeal in this companyrt the full companyrt at its meeting held on february 20 1988 again rejected the recommendation of the selection companymittee for the grant of super time scale to the appellant.
civil appellate jurisdiction civil appeal number 1875 of 1988.
further it was directed that the case of the appellant for appointment to a post in super time scale should be reconsidered by the companyrt at a very early date keeping in view the fact that the appellant was to retire from service in february 1988.
writ number 4434 of 1987.
to be precise the district and sessions judge gonda and since retired on february 29 1985 was entitled to the super time scale.
agarwal who was a member of the higher judicial service under the state of u.p.
purnima bhatt and v.k.
agarwala ms.
parasaran attorney general number present gopal subramanium and mrs.
the full companyrt approved the recommendation for the grant of the selection grade to the appellant and granted the same to him with retrospective effect from numberember 1 1983.
the only question that is involved in this appeal is whether the appellant d.k.
s n. kacker gobind dass e.c.
chaubey our most affectionate friend philosopher and guide and to mr.
the appellant was appointed to the post of district and sessions judge on october 31 1983.
dhaon j. on july 9 1987 as follows he creates trouble.
the entry doubting the integrity and involvement of sri agarwal in the kanpur dispute that had arisen in 1986 obviously does number find support more so because it was given on 9.7.1987 on the eve of full companyrt meeting scheduled to be held on 10.7.1987.
dhaon j. who was then the administrative judge wrote a secret letter to the chief justice which will be referred to presently.
the judgment of the companyrt was delivered by dutt j. after hearing the learned companynsel for the parties we grant special leave and as full and companyplete submissions have been made we proceed to dispose of the appeal on merits.
