Whether High Court could invoke Article 311(2)(b) of Constitution while passing recommendation for removal of subordinate judge

Brief- Service – Preparation of judgments through third party – Removal from service – Legality (i) Whether High Court was justified in dispensing with enquiry while passing order recommending appellant’s removal (ii) Whether order of removal passed by Governor was within his jurisdiction Constitution – Whether High Court could invoke Article 311(2)(b) of Constitution while passing recommendation for removal of subordinate judge.

Citation- Ajit Kumar Vs. State of Jharkhand and Others (Decided on 10.03.2011) MANU/SC/0207/2011

Court- Supreme Court of India

Judgment

Held, reasons recorded by High Court were a legal and valid ground for not holding inquiry and there was no necessity of giving appellant any opportunity of hearing – Inspecting Judge in his report had stated that appellant would not prepare judgment on his own but get them prepared through somebody else before delivering judgment- High Court considered Inspecting Judge’s report and opined that it was not possible to hold an inquiry in case of appellant since if an inquiry was held same would lead to question of validity of several judgments rendered by appellant.

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