SC Dismisses Plea of District Judge Against Swearing-in of Karnataka HC Judge

The Supreme Court on Monday dismissed a plea by a district judge challenging the appointment of a 'junior' judicial officer as an additional judge of the Karnataka High Court and seeking a stay on his swearing-in contending that it breaches the seniority rule.

The top court dismissed the plea just half an hour before the swearing-in of judicial officer Padmaraj N Desai as an additional judge of the High Court.

A bench of Justice Deepak Gupta and Justice Aniruddha Bose took up the matter through video conferencing at 10 am, just half an hour before the scheduled swearing-in of judges in Karnataka High Court, and dismissed it saying the apex court cannot entertain such plea at the eleventh hour.

The Supreme Court said that it generally does not interfere with the President's order on appointment of judges at the eleventh hour and dismissed the plea, advocate Sanjay Nuli, who appeared for the petitioner, said after the hearing. Shivamogga principal district judge RKGMM Mahaswamiji has challenged the appointment of judicial officer Padmaraj N Desai as additional judge of the Karnataka High Court on the ground of seniority.

"It is a case of superseding/passing over of a senior District judge (who was appointed on February 25, 2008, under reserve category ie., schedule caste) by junior district judge and recommendation of Respondent No. 11 (P N Desai) by the collegium of Karnataka High Court is unlawful, arbitrary, and in clear violation of statutory rules / administrative instructions contained in the official memorandum dated October 9, 1985, and involved bias of malafide and it clearly violated the functional rights guaranteed to the Petitioner under Articles 14 and 16 of the Indian Constitution,” the plea of Mahaswamiji said.

He had said that if the interim relief of staying the swearing-in ceremony of judicial officer Padmaraj N Desai as an additional judge of Karnataka High Court is not granted then the purpose of the petition will be defeated and it may cause failure of complete justice and clear infraction of fundamental rights guaranteed to the petitioner under Articles 14 and 16 of the Constitution.

According to the notification issued by the registrar general of the Karnataka High Court, Justice Shivashankar Amarannavar, Justice Makkimane G Uma, Justice Vedavyasachar Srishananda, Justice Hanchate Sanjeevkumar and Justice Padmaraj N Desai, were to take oath of additional judges of Karnataka High Court at 10.30 am.