SC rejects ex-judge's plea against order discharging him from service

The Supreme Court has dismissed a plea by a former judge from Karnataka district judiciary against an order to discharge him from service without disclosing reasons.

A bench of Justices Ranjan Gogoi, R Banumathi and A M Khanwilkar found no merit in the petition filed by Hanumatha Raj H, a resident of Davangere, contending that the Karnataka High Court's decision without indicating any reason for discontinuing his service had cast a stigma on him as he was discharging his duties diligently.

“You have given your service for enough number of years. Now, go back to the Bar (legal profession),” the bench told his counsel.

The court declined to entertain his petition against the high court's judgement of February 8, 2018, that had dismissed his writ appeal against a single judge bench order of January 10, 2017.

In his plea, Hanumantha contended the action of the high court in recommending to the state government to discharge him was clearly in violation of the principles of natural justice. Besides, it amounted to exercise of the power in an arbitrary manner, he said.

The high court, however, maintained the order passed on July 15, 2015, was an “order simplicitor” and does not impute any allegations on him.

Hanumantha was appointed as a civil judge (junior division) in the Karnataka Judicial Service on September 30, 2008. He was initially placed on probation till July 3, 2011, which was further extended on April 26, 2014.

However, acting on the Administrative Committee's recommendation, the full court asked the government to discharge him from service under Rule 6(1) of the Karnataka Civil Services (Probation) Rules, 1977, on the ground that he was "unsuitable to hold the post of a civil judge".