Supreme Court says promotion of judicial officers violates 2005 Gujarat Judicial Service Rules as amended in 2011
Published Date – Fri, 12 May 23 at 05:03pm
New Delhi: The Supreme Court on Friday suspended the promotion of Gujarat judge Harish Hasmukhbhai Verma and 67 other lower Gujarat judiciary officials who convicted Congress leader Rahul Gandhi in a defamation case.
A bench comprising Justices MR Shah and CT Ravikumar said the list issued by the High Court and the subsequent order issued by the state government granting promotion to the district judges was unlawful and contrary to the decision of this court.
The bench passed an interim order withholding the promotion and said the matter would be heard by the appropriate bench as Justice Shah was due to retire on May 15.
The Supreme Court said the promotion of judicial officers violated the Gujarat State Judicial Service Rules 2005 as amended in 2011. According to regulations, promotion must be based on the principle of merit-based admissions and after passing a suitability test.
The bench stated that the execution of the promotion list will be suspended and the respective promoted personnel will be returned to their original positions before the promotion.
The Supreme Court order came at the request of senior civil judge cadre officials Ravikumar Maheta and Sachin Pratapraya Mehta, who challenged the selection of the senior cadre of 68 judicial officers to serve as district judges.
In an order dated April 28, the Supreme Court had said: “It is very unfortunate that although the defendants, especially the State, were aware of the present proceedings, and in the present proceedings this Court has made notice available at Returning April 28, 2023, the State Government has issued a promotion order dated April 18, 2023, that is, upon receipt of notice from this court in this proceeding.
The bench had said: “We do not appreciate the haste and haste with which the state ratified and passed the promotion order dated April 18, 2023, while the court was dealing with the matter and passed the detailed order when the notice was issued. Notable Yes, the selection is in 2022, so there is no particular urgency to pass the promotion order, and that will be the case while the matter is before this court.”
Varma is a CJM in Surat and is currently Deputy Minister of Legal Department of Gujarat Government and Assistant Director of State Legal Services.
At the request of two judicial officials, the Supreme Court had issued a notice to the state government and the General Secretary of the Gujarat High Court on April 13.
“Our preliminary view is that this is nothing more than going beyond the court process and the current procedure. Let the Secretary of the State Government explain the extraordinary urgency shown in giving the promotion and issuing the promotion notice dated 18.04.2023, depending on the proceedings final result,” the Supreme Court said in its April 28 order.
