Hearing a petition by M S Poojari, a former IV division employee in the High Court, the division bench comprising Justice N Kumar and Justice Srinivase Gowda quashed the circular dated December 29, 2008 and observed, “The Chief Justice wants to be a judge in his own case where he is the party. No one can at the same time be a suitor and a judge.”
“The administrative power exercised by the Chief Justice is subjected to scrutiny on judicial side by the High Court. While passing any order on administrative side, there is an obligation to follow the principles of natural justice, when said order was challenged on the judicial side, the bench observed.
Complaint of bias
The bench further observed, “In this case, the complaint is of bias, the circular states that writ petition filed by the employees of the High Court and judicial officers which challenging the order dated December 29 be posted before Court Hall One where the Chief Justice sits and at the same time he is also a party to such orders either directly or indirectly.”
The circular provides Chief Justice to correctness of his administrative orders on judicial side, therefore he wants to be a judge in his own case.
The employ may feel that he may not get justice, court remarked.
The court has directed the registry that if any petition filed by the employees of the High Court and judicial officers of subordinate court, challenging the administrative order of the Chief Justice be posted before the single bench.
