SC refuses to reinstate ex-Rajasthan HC Judge

New Delhi, Nov 27: The Supreme Court today dismissed a writ petition filed by former Rajasthan High Court Judge Arun Madan, seeking directions to reinstate him on the grounds that he was forced to resign under ''undue pressure''.

A Bench comprising Chief Justice Y K Sabharwal, Justice C K Thakkar and Justice R V Raveendaran dismissed the petition holding that there was no merit in it.

The court also refused to condone the delay in filing of the petition.

Justice Madan had resigned on March 21, 2003 after the allegations were levelled by a woman doctor, whose case was pending in his court, that she was asked for ''physical favours'', the charge substantiaited during an inquiry.

Justice Madan also contented that as per Article 271 (A) of the Constitution the resignation should be ''under his hand'', meaning thereby that the resignation letter should be handwritten. The apex court refused to agree and held that underhand meant only a document signed by the person concerned. Former Chief Justice of India V N Khare had made a public statement that he had to put in a lot of effort to secure Arun Madan's resignation.

It is worth mentioning here that Justice Madan had tried to ''pressurise'' the doctor through the Deputy Registrar of the court, who also asked for similar favours from her.

Justice Madan resigned only after he was reportedly told that a criminal case would be registered against him on the basis of the inquiry report if he did not resign on his own.

Justice Madan raised protests about his resignation on December 24, 2004, after the court asked him where he was for more than 18 months and why the petition was filed after a gap of three and a half years.

UNI