‘Retired’ Judge on HC Bench

CHENNAI, March 4 (PTI) — A sitting Judge of the Madras High Court, Justice C. Shivappa has been found working beyond the retirement age and advised by the Union Government that he had attained the age of superannuation on December 11, 1998, itself.

This was conveyed in a communication from the Union Law Minister M. Thambi Durai to the High Court’s Acting Chief Justice N.K. Jain today.

This followed complaints from Tamil Nadu and Karnataka that Justice Shivappa’s date of birth as per his high school records was December 11, 1936.

Mr Thambi Durai’s fax message to Justice Jain said, President K.R. Narayanan had determined under Article 217 (3) of the Constitution that Justice Shivappa had completed 62 years in 1998 itself.

The message said that the President came to the conclusion in consultation with the Supreme Court Chief Justice A.S. Anand that Justice Shivappa’s date of birth was December 11, 1936 and not December 11, 1938 as given by him.

Justice Shivappa, who was informed about the communication by the High Court Registrar while he was presiding over a Division Bench, immediately retired to his chamber.

When contacted by presspersons for his reaction, Mr Shivappa said he would comment only after receiving a formal communication.

The effect of the President’s order is that Justice Shivappa ought to have retired in December itself, though he was continuing till today.

A former Attorney General of Karnataka, Justice Shivappa was appointed a Judge of the Karnataka High Court in 1994 and was transferred to Madras High Court on April 28, 1994.

He had disposed of a number of politically-sensitive cases, including the anticipatory bail petition and the bail petition of former Tamil Nadu Chief Minister Jayalalitha and some of her associates.