Judgment

DUTT, J. :- After hearing the learned Counsel for the parties, we grant special leave and, as full and complete submissions have been made, we proceed to dispose of the appeal on merits.

2. The only question that is involved in this appeal is whether the appellant D. K. Agarwal, who was a member of the Higher Judicial Service under the State of U. P., to be precise, the District and Sessions Judge, Gonda, and since retired on February 29, 1985,* was entitled to the super-time scale.

* or 1988 - Ed.

3. The appellant was appointed to the post of District and Sessions Judge on October 31, 1983. In or about December, 1985, the Selection Committee constituted by the Chief Justice of the Allahabad High Court and consisting of three Judges of that Court recommended the grant of selection grade to the appellant on the basis of merit as required under Rule 27 of the U.P. Higher Judicial Service Rules, 1975, hereinafter referred to as the Rules. The Full Court approved the recommendation for the grant of the selection grade to the appellant and granted the same to him with retrospective effect from November 1, 1983.

4. In April, 1986, the Selection Committee recommended for the grant of super-time scale to the appellant under Rule 27A of the Rules. It appears that the said recommendation of the Selection Committee came up for consideration before the Full Court on two occasions, but the Full Court could not take any decision as each time K. N. Misra, J., who was then the Administrative Judge, made certain new allegations against the appellant. On January 17, 1987, again the recommendation of the Selection Committee came up for consideration before the Full Court for the third time. On that day, the Full Court found the appellant unfit for a post in the super-time scale as recommended by the Selection Committee. It, however, transpired that just on the eve of the Full Court Meeting held on January 17, 1987, S. K. Dhaon, J., who was then the Administrative Judge, wrote a secret letter to the Chief Justice which will be referred to presently.

5. Being aggrieved by the decision of the Full Court turning down the recommendation of the Selection Committee, the appellant filed a writ petition before a Division Bench of the High Court. During the pendency of the writ petition, the appellant made a representation to the High Court on its Administrative Side on April 13, 1987 praying for reconsideration of the resolution of the Full Court dated January 17, 1987. While no decision was taken by the Full Court at the meeting held on May 16, 1987, an adverse entry for the year 1986-87 was recorded by S. K. Dhaon, J. on July 9, 1987 as follows :-

"He creates trouble. He fomented a conflict between the members of the Bar and the subordinate staff of the courts in Kanpur Nagar which ultimately resulted in the transfer of Sri Arjan Dev Mahajan, the then District Judge, Kanpur Nagar. This was done with an ulterior motive. He also instigated the subordinate staff of the courts in Kanpur Dehat to make agitations from time to time on the question of bifurcation of the staff between the courts at Kanpur Nagar and Kanpur Dehat.

His integrity too is highly doubtful, hence not certified. His work and conduct should be kept under constant gaze."

It so happened that the Chief Justice enquired into the allegations contained in the adverse entry. After such enquiry, the Chief Justice, as would appear from his minutes dated July 14, 1987, found that the allegations had no foundation whatsoever and observed as follows :-

"I find from the Character Roll entries that Sri Agarwal had been given remarks and praise, as District Judge, Gonda, in the years 1983-84 and 1984-85 and of course not much expression has been given in the entry of 1985-86 as the Honble Administrative Judge had no occasion to see his work. The entry doubting the integrity and involvement of Sri Agarwal in the Kanpur dispute that had arisen in 1986 obviously does not find support, more so, because it w