Supreme Court : Supreme Court Verdict On Recruitment And Appointment Of Two Civil Judges In Himachal Pradesh
The Honorable Supreme Court of India has decided that both the Chief Justices of Himachal Pradesh High Court, Vivek Kayastha and Akansha Dogra, are not being removed from their important posts because both the Chief Justices have served in the Himachal Pradesh High Court For More Than Ten Years. Having completed important tenures, both the Chief Justices have also been promoted several times in the Himachal Pradesh High Court.
Supreme Court : Supreme Court Verdict On Recruitment And Appointment Of Two Civil Judges In Himachal Pradesh
Highlights
Shimla – The Honorable Supreme Court of India, while reserving its important decision, has decided to refuse to remove the Chief Justices of Himachal Pradesh High Court from their honorable posts.
The Supreme Court Bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia of the Hon’ble Supreme Court of India has said that the removal of both the Appellants Vivek Kayastha as well as Akansha Dongra from the key posts of the Hon’ble Chief Justice of Himachal Pradesh High Court is not be the right decision regarding public order.
The Honorable Supreme Court of India has decided that both the Chief Justices of Himachal Pradesh High Court, Vivek Kayastha and Akansha Dogra, are not being removed from their important posts because both the Chief Justices have served in the Himachal Pradesh High Court For More Than Ten Years. Having completed important tenures, both the Chief Justices have also been promoted several times in the Himachal Pradesh High Court.
The Honorable Supreme Court of India refused to remove two Chief Justices of Himachal Pradesh High Court from their posts –
The court bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia of the Honorable Supreme Court of India, while reserving its decision in the hearing, said that all new appointments will be made only for those posts under which recruitment is done properly and for all reserved appointments. Himachal Pradesh Government And Himachal Pradesh High Court has informed through advertisement for all new recruitments.
The Honorable Supreme Court of India in the name of all the new appointments to be made by the Government of Himachal Pradesh in the coming years, two important posts for the year 2013 in the future appointments to be made by the Government of Himachal Pradesh on the main two posts of Junior Division for Civil Judges. Its decision has been reserved on the important decision of Himachal Pradesh High Court for all the mistakes made in the recruitment.
Also, the Honorable Supreme Court of India, while giving its verdict on this important decision, said that both the Chief Justices of Himachal Pradesh High Court, Vivek Kayastha and Akansha Dogra, have served for more than ten years while holding the posts of Chief Justice.
Also, no mistakes have been found in the appointment process of Himachal Pradesh High Court by both the Chief Justices Vivek Kayastha and Akansha Dogra.
The Honorable Supreme Court of India has refused to remove both the Chief Justices of Himachal Pradesh High Court, Vivek Kayastha and Akansha Dogra, from the posts of Chief Justice.
The Hon’ble Supreme Court of India, under Article One Hundred and Forty-Two of the Constitution of India, the Supreme Court Bench consisting of Justice CT Ravikumar and Justice Sudhanshu Dhulia, through the exercise of all its powers, has ordered the Chief Court Bench of the Supreme Court to supersede the important matters of the Himachal Pradesh High Court. While quashing all the orders of the judgement, while reserving the judgment, it is said that the decision to cancel the selection and appointment process of both the appellants, Vivek Kayastha and Akansha Dogra, be quashed with immediate effect and the orders of both the Chief Justices, Vivek Kayastha and Akansha Dogra, be quashed. Re-appointment orders should be issued in Himachal Pradesh High Court For Both appellants Vivek Kayastha and Akansha Dogra.
The most important mistakes made by Himachal Pradesh High Court in the selection and future appointments of judges –
The court bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia of the Chief Court Bench of the Honorable Supreme Court of India, while reserving an important decision, said that no information of any kind should be provided through special advertisement regarding the appointments made by the Himachal Pradesh High Court. Due to which it has been made mandatory for Himachal Pradesh High Court to release all the new appointments to be made in future before releasing the selection process.
Himachal Pradesh High Court had given its decision properly following all the important roles of the Constitution of India and law and order.
Also, the important decision of the Himachal Pradesh High Court has been given by the court bench of Honorable Supreme Court Justice CT Ravikumar and Sudhanshu Dhulia that it has blatantly violated all the important articles, time conditions and all the rules in the matter of the entire appointment process.
Also, the Hon’ble Supreme Court bench Justice CT Ravikumar and Justice Sudhanshu Dhulia, while expressing regret over the Government of India’s decision to remove both the Appellants Vivek Kayastha and Akansha Dogra from the most important posts of the Chief Justice, have clearly refused to do so.
The court bench of the Honorable Supreme Court of India comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia refused to remove the two Chief Justices Vivek Kayastha and Akansha Dogra from their respected posts because both the Chief Justices had served in the Himachal Pradesh High Court.Chief Justices Vivek Kayastha and Akansha Dogra Has Already completed more than ten years of serving as Chief Justice in the Himachal Pradesh High Court.
Also, the Supreme Court has refused to take the decision of dismissing both Chief Justices Vivek Kayastha and Akansha Dogra from their posts, citing their promotion within ten years as the main reason.
The Supreme Court bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia has held the Himachal Pradesh High Court at fault in the junior division selection and appointment process of civil judges of both the appellants, Vivek Kayastha and Akansha Dogra.
The Court Bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia of the Hon’ble Supreme Court of India held that all the appointments to which both the Appellants, Vivek Kayastha and Akansha Dogra were made to the principal posts of Civil Judge, were made by the Himachal Pradesh High Court without any Informing advertisement notification was issued in any way.
Also, the appointment process cannot be completely termed as ‘anticipated appointments’ because the appointments made on both the important posts were judicial appointments on 18th April 2013, due to which both the important posts of civil judges were made on the same date. Before the selection and appointment was started and the appointments were completed only after the Himachal Pradesh High Court issued the notification through notification on February 1, 2013.
The Supreme Court expressed displeasure over the irregularities in the selection process being imposed on Himachal Pradesh State Service Commission –
The Court Bench of the Hon’ble Supreme Court of India comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia has slammed the Himachal Pradesh High Court on all charges leveled against the Himachal Pradesh State Service Commission for the selection process for the posts of Chief Justices. Irregularities in the selection process which have been continuously being actively imposed on Himachal Pradesh State Service Commission have been completely rejected.
The Supreme Court bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia, while reserving its verdict, said that it can be assumed that the Himachal Pradesh State Service Commission, as a selection commission, has been actively pursuing legal action against all the mistakes made in the selection process. It has to go through the action process, but the Himachal Pradesh State Government and the Himachal Pradesh High Court are trying to blame their own mistakes in the entire selection irregularities on the Himachal Pradesh State Service Commission.
Also, the court bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia of the Honorable Supreme Court of India also said that despite the mistakes of the entire selection irregularities, both the appellants Vivek Kayastha and Akansha Dogra have been actively involved in the entire case for more than ten years. Both Chief Justices Vivek Kayastha and Akansha Dogra have been serving as Chief Justice in the Himachal Pradesh High Court, hence the question of dismissing them in any way does not arise.
The Supreme Court bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia said that both the appellants, Vivek Kayastha and Akansha Dogra, have served in the Senior Division of Civil Judge after having full experience of judicial services of more than ten years of the Himachal Pradesh High Court. Chief Justices Vivek Kayastha and Akansha Dogra Currently Holding the post of Main Chief Justice of Himachal Pradesh High Court.
The Supreme Court bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia said that from the entire selection and appointment matter it does not appear that the two appellants, Vivek Kayastha and Akansha Dogra, were appointed without discrimination and only on the basis of merit after taking the oath. And judges have been appointed to important posts in the Himachal Pradesh High Court only after all the actual and experienced proceedings, so that giving wrong verdict is not the basis of any wrong process.
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