'Contrary to rules': SC stays promotion of Gujarat CJM who convicted Rahul

Satya Prakash

New Delhi, May 12

The Supreme Court on Friday stayed the promotion of 68 Gujarat judicial officers, including Surat Chief Judicial Magistrate (CJM) Harish Hasmukhbhai Varma who convicted and sentenced Congress leader Rahul Gandhi to two-year imprisonment in a defamation case, leading to his disqualification as an MP.

Court’s observation

We are more than satisfied that the impugned list issued by the HC and the subsequent notification issued by the state government granting promotion to the district judge cadre are illegal and contrary to rules. — Bench

“We are more than satisfied that the impugned list, dated March 10, issued by the High Court and the subsequent notification, dated April 18, issued by the state government granting promotion to the district judge cadre are illegal and contrary to rules and regulations and even to the decision of this court in the case of All India Judges’ Association and ORS,” said a Bench of Justice MR Shah and Justice CT Ravikumar.

“Therefore, we are more than prima facie satisfied that the same as such are not sustainable,” it said, staying the implementation and operation of the list.

The impugned promotions were contrary to the Gujarat State Judicial Service Rules, 2005, and the recruitment notice, it held.

The Bench ordered that “the respective promotees be sent to their original posts which they were holding prior to their promotion.”

The Bench , which was seized of the issue, said the state government could have waited till the next date of hearing, which was on April 28. It said the matter should now be heard by a Bench headed by the CJI “subject to and after obtaining appropriate orders from the CJI on the administrative side”. The Bench, however, clarified that the present stay order shall be confined to those promotees whose names did not figure among the first 68 candidates in the merit list. The order came on petitions filed by Ravikumar Maheta and Sachin Prataprai Mehta, senior civil judges, challenging the promotion of the 68 judicial officers on the grounds that it was allegedly done disregarding the “merit-cum-seniority principle”.

Issuing notices to the state government and the Registrar General of the Gujarat High Court earlier, the top court had expressed displeasure over the April 18 order to promote the 68 officers despite the pendency of the case before it.