Judgment

VENKATARAMIAH, J. - The above petition was originally filed by two members of the Delhi Higher Judicial Service, byname S/Shri R. L. Gupta and S. N. Aggarwal. Since the Court was of the view that the petition of Shri S. N. Aggarwal should be considered independently, he was asked to file a separate petition. The present petition was, therefore, confined to Shri R. L. Gupta, who is hereafter referred to as the petitioner.

2. Shri R. L. Gupta, the petitioner joined the Judicial Service of Punjab on January 23, 1962 and became a member of the Delhi Judicial Service on its initial constitution on August 2, 1971. He was confirmed in the said service as a Sub-Judge on August 6, 1971. He was sent on deputation as the first District SC of India for the purposes of making an inquiry into the allegations in regard to the incidents of organised violence which took place in Delhi following the assassination of the former Prime Minister (copy enclosed). One of the posts sanctioned for the functioning of this Commission is Secretary to the Commission in the scale of Rs. 2500-2750. With the approval of Shri Justice Ranganath Misra, it has been proposed to appoint Shri Rameshwar Lal Gupta, Additional District and Sessions Judge and Member-Secretary of the Delhi Legal Aid and Advice Board as Secretary of the Commission. The post of Secretary has been created from the date it is filled in and up to 26-10-1985 for the present but likely to continue.

We shall be grateful if you could kindly spare the service of Shri Rameshwar Lal Gupta to act as Secretary of the Commission for the aforesaid period. This may be treated as Urgent.

Regards.

Yours sincerely,

Sd/-

(Dr. S. K. Pachauri)

Miss Usha Mehra,

Registrar,

Delhi High Court, New Delhi.

Encl : As above."

3. On receipt of the said letter the petitioner was asked by the High Court whether he was willing to work as the Secretary of the Commission. The petitioner expressed hiswillingness to do so by his letter dated May 30, 1985. On 31-5-85/1-6-85 the Registrar addressed a letter to the petitioner which reads thus :-

"Usha Mehra

D.O. No. 275/Gaz.

Dated 31st May, 1985

1-6-85

Dear Shri R. L. Gupta,

In pursuance to the requisition of the Central Govt. contained in the Ministry of Home Affairs demi-official letter No. II-14013/28/84-IS(US. D.V.) dated 27th May, 1985 and as desired by you and agreed to by the High Court, you are hereby permitted to go on deputation as Secretary to the Commission of Inquiry headed by Honble Mr. Justice Ranganath Misra, a Judge of the SC of India with effect from 1st June, 1985 at your own risk. Deputation will be up to 26th October, 1985 or till the date of your recall, whichever is earlier.

Yours sincerely,

Sd/-

(USHA MEHRA)

Shri R. L. Gupta,

Member-Secretary,

Delhi Legal Aid & Advice Road,

New Delhi."

4. Accordingly, the petitioner got himself relieved from the Delhi Legal Aid and Advice Board and joined as Secretary of the Commission of Inqury. Within three months from the date on which the petitioner joined the Commission, the Chief Justice of the Delhi High Court wrote a letter to Shri Justice Ranganath Misra stating that it had been decided by the High Court to place the petitioner on probation on the Delhi Higher Judicial Service as his turn had come for the same and, therefore, he might be relieved from his post of the Secretary of the Commission to enable him to report to the High Court as soon as possible but in any case not later than ten days from the receipt of the said communication. On receipt of the said letter Shri Justice Ranganath Misra wrote to the Chief Justice of the Delhi High Court stating that the petitioner had got himself acquainted with the working of the Commission and at that juncture it, was difficult to relieve him in the public interest. Accordingly, he was not relieved by the Commission to revert to the Judicial Service. The letter of Shri Justice Ranganath Misra was considered by the Full Court of the High Court at its meeting held on 22-11-85 and the