Top court dismisses judge's plea against junior's elevation to HC

The Supreme Court on Monday dismissed a plea, filed by a principal district and sessions judge, for quashing the presidential order of April 30, appointing a "junior" as an additional judge of the Karnataka High Court.

Just minutes before swearing-in of five judges at the high court in Bengaluru, a bench of Justices Deepak Gupta and Aniruddha Bose took up the matter through the virtual court system.

The court, however, declined to consider the petition, filed by Master RKGMM Mahaswamiji, saying it can't entertain a plea filed at the last moment.

The bench also told his counsel Sanjay M Nuli that the court normally would not interfere with the presidential orders on judges' appointment.

On April 30, the Law Ministry issued the notification, appointing judicial officers Shivashankar Amarannavar, Smt M Ganeshaiah Uma, Vedavyasachar Srishananda, Hanchate Sanjeevkumar, and Padmaraj Nemachandra Desai as additional judges for two years.

In his writ petition filed on Saturday, Mahaswamiji contended the order passed to elevate Padmaraj Nemachandra Desai from district judiciary as an additional judge of the high court was "arbitrary, unconstitutional, unlawful and in total disregard of existing binding executive instructions".

His petition, filed by advocate Sanjay M Nuli, claimed his name was ignored and not taken into consideration for promotion or elevation, along with his batch mates. He also submitted that his service record from the date of his appointment on February 25, 2008, to December 2018 was clear from any adverse remarks.

Except for Desai, four other officers who were elevated, are either batch mates or senior to the petitioner, he claimed.