Court said promotions in violation of Gujarat State Judicial Service Rules, which says promotions must be on principle of merit-cum-seniority
The SC was hearing a plea of two senior civil judge cadre officers
The Supreme Court on Friday stayed the promotion of 68 Gujarat lower judicial officers, including Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma who had convicted Congress leader Rahul Gandhi in a defamation case.
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A bench comprising Justices M R Shah and C T Ravikumar said the promotion of the judicial officers was in violation of the Gujarat State Judicial Service Rules 2005, amended in 2011, which states that promotions must be made on principle of merit-cum-seniority and on passing a suitability test.
“We are more than satisfied that the impugned list issued by the HC and the subsequent order issued by the state government granting promotion to district judges are illegal and contrary to the decision of this court,” the bench said.
“Respective promotees are sent to their original post which they were holding prior to their promotion,” it said. The SC directed that the matter be heard by an appropriate bench as Justice Shah is retiring on May 15.
The SC was hearing a plea of senior civil judge cadre officers, Ravikumar Maheta and Sachin Prataprai Mehta, challenging the selection of the 68 judicial officers to the higher cadre of district judges. They said the merit-cum-seniority principle has been given a go-by and the appointments are being made based on the seniority-cum-merit.
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