No relief to retired Gujarat judge

GANDHINAGAR - The Gujarat High Court has refused to grant any relief to a civil judge, retired in public interest, challenging the state government’s order.

The state government had issued a retirement order for senior civil judge, N.P. Mehta Oct 26, 2009. It had also paid three month’s pay and allowances in lieu of a notice.

A bench of Chief Justice S.J. Mukhopadhaya and Justice K.M. Thaker dismissed Mehta’s counsel, N.C. Thakkar’s argument that the order of retirement was issued without affording any hearing to Mehta in violation of the principles of natural justice, the order did not reflect public interest and the assessment of Mehta’s work by the high court has consistently been “very good”.

“From the record, it will be evident that since 1999, the petitioner was not found to be industrious, was not handling old matters, assessment of disposals was poor, had no studious habits, did not reach right and just conclusion, he was not regular and punctual, etc.” said the judgment, made available Friday.

“Though such adverse remarks were recorded since January 1999, but he was given promotion on Feb 14, 2005. Even after such promotion, he had not improved. After promotion, he was found to be not polite with all, he had no knowledge of administrative rules, was developing inconsistent treatment with the members of the Bar, was not giving proper reasoning in the judgments, was not making any discussion and appreciation, precision was not precise,” it said, adding that a reasonable person would form only one opinion that the officer is a burden on the judiciary and not fit to be retained in the service.

Mehta, who started his career as a section writer Nov 20, 1980, was appointed as a civil judge (junior division) and judicial magistrate, first class June 10, 1996. He was sent on deputation in the labour court but returned to the state judicial service. He was promoted to civil judge (senior division) and judicial magistrate, first class February 2005.