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 Courts Acting Chief Justice N.K. Jain
today.
This followed complaints
from Tamil Nadu and Karnataka that Justice
Shivappas date of birth as per his high school
records was December 11, 1936.
Mr Thambi Durais 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
Shivappas 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
Presidents 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. 
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