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2010 Supreme(Guj) 240

SUDHANSU JYOTI MUKHOPADHAYA, ANANT S.DAVE
KRUPESH RAMAKANT VORA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MS AMRITA AJMERA, MR GM JOSHI, MR PARESH UPADHYAY, MR ASHOK YAGNIK, MS TEJAL A VASHI, MR MB GANDHI, MR PM LAKHANI, MR PRAVIN GONDALIYA, MR BIPIN I MEHTA, MR JM, BARAT, MR SACHIN D VASAVADA, MR TS NANAVATI, MR SANDEEP N BHATT, MR YF MEHTA, MR JT TRIVEDI, MR HEMANT B RAVAL, MR HA RAICHURA, MR PH PATHAK for respective Petitioners.
MR KAMAL B TRIVEDI, ADVOCATE GENERAL with MR JB PARDIWALA for Respondents.

JUDGMENT

In all these cases, as a common question of law is involved and similar orders of termination of services are under challenge, they were heard together and disposed of by this common judgment.

2. Pursuant to the decision of the Supreme Court in Brij Mohanlal vs. Union of India, reported in (2002) 5 SCC 1, Fast Track Courts were established in all the States of India including the State of Gujarat. A number of persons were appointed as ad-hoc Additional District Judges in Fast Track Courts in the Gujarat State judiciary since 2002. Appointments were made through different sources, including promotion of Senior Civil Judges on ad-hoc basis and direct recruitment from members of the Bar.

3. The petitioners in these cases were members of the Bar who were appointed as ad-hoc Additional District Judges in different Fast Track Courts by direct recruitment between the year 2002 and 2004 alongwith others. Total 66 direct recruit Fast Track Court ad-hoc Additional District Judges were appointed from the Bar.

4. Since 2006, steps were taken to terminate the services of those Fast Track Court ad-hoc Additional District Judges who were found unsuitable, as detailed hereunder.

On 12.10.2006


































































































































































































































































































































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