HC rejects ex-judges writ petition

CUTTACK: The Orissa High Court (HC) on Monday rejected the writ petition filed by former judge Lalit Kumar Mishra challenging his compulsory retirement as district judge as well as the non-implementation of the recommendations of Chief Justice Of India (CJI) and Chief Justice of the HC for elevation to its judge. A Division Bench of Chief Justice V Gopalagowda and Justice HS Bhalla upon perusal of original records held the presumption of the petitioner that there was inaction and inordinate delay in implementation of the recommendation of the Chief Justice of the Orissa HC as well as CJI for his appointment as permanent judge of the HC was not factually correct. The Bench further held that it is within the exclusive domain of the appointing authority to take a decision on the recommendations either to appoint or not appoint a person as a judge of the High Court. Since the Government of India did not deem it fit to recommend, question of issuance of a direction did not arise. The Bench  did not interfere with the decision.  So far as the order of compulsory retirement of the petitioner from the post of district judge is concerned, the Bench referring to the findings of the Review Committee of the HC ruled that the petitioner did not possess the standard of efficiency required to discharge the duties of a district judge. It held the order of compulsory retirement to be justified. The court, after hearing the writ petition, had earlier reserved its judgment.