HC holds ASJ Rohilla's retirement unjust

New Delhi, Jun 4 (UNI) Overriding its own decision, the Delhi High Court has held that Additional Sessions Judge M S Rohilla should not have been forced to retire in 2001 without getting approval of the Lt Governor.

A full-bench of the High Court headed by acting Chief Justice Vijender Jain said Mr Rohilla would be entitled to all the financial and pensionary benefits which he should have received at the time of his retirement as a senior judge of the district courts.

Eleven years after he was demoted to a lower cadre, the High Court ordered that Mr Rohilla would be deemed to have continued as a member of the Delhi Higher Judicial Service till the date he was compulsorily retired from service on September 28, 2001.

An officer of the Delhi Judicial Service, Mr Rohilla was demoted to the rank of a civil judge by an adminstrative order of the high court on February 2, 1995.

However, Mr Rohilla's representation challenging his demotion was rejected by a full court on september 23, 1995.

He had filed a fresh petition before a two-member bench which referred the matter to a full bench.

In his petition, he argued that his promotion to the Delhi Higher Judicial Service on November 29, 1989 was a regular promotion against a substantive vacancy and therefore he could not have been reverted back to the Delhi Judicial Service by a mere administrative order of the High Court.

Even though the high court was the appointing authority, but it could not demote him by an administrative order as any such order had to be passed only by the Governor of the state.

UNI PAT MA KN1830