KRUPESH RAMAKANT VORA vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(Guj) 240

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE MR.JUSTICE ANANT S. DAVE
KRUPESH RAMAKANT VORA & 1 - Petitioner(s)
Versus
STATE OF GUJARAT & 1 - Respondent(s)
SPECIAL CIVIL APPLICATION No. 148 of 2010
With
SPECIAL CIVIL APPLICATION No. 269 of 2010
With
SPECIAL CIVIL APPLICATION No. 270 of 2010
With
SPECIAL CIVIL APPLICATION No. 271 of 2010
With
SPECIAL CIVIL APPLICATION No. 272 of 2010
With
SPECIAL CIVIL APPLICATION No. 273 of 2010
With
SPECIAL CIVIL APPLICATION No. 332 of 2010
With
SPECIAL CIVIL APPLICATION No. 384 of 2010
With
SPECIAL CIVIL APPLICATION No. 393 of 2010
With
SPECIAL CIVIL APPLICATION No. 478 of 2010
With
SPECIAL CIVIL APPLICATION No. 749 of 2010
With
SPECIAL CIVIL APPLICATION No. 750 of 2010
With
SPECIAL CIVIL APPLICATION No. 751 of 2010
With
SPECIAL CIVIL APPLICATION No. 752 of 2010
With
SPECIAL CIVIL APPLICATION No. 769 of 2010
With
SPECIAL CIVIL APPLICATION No. 880 of 2010
With
SPECIAL CIVIL APPLICATION No. 881 of 2010
With
SPECIAL CIVIL APPLICATION No. 1050 of 2010
With
SPECIAL CIVIL APPLICATION No. 1065 of 2010
With
SPECIAL CIVIL APPLICATION No. 1103 of 2010
With
SPECIAL CIVIL APPLICATION No. 1105 of 2010
With
SPECIAL CIVIL APPLICATION No. 1205 of 2010
With
SPECIAL CIVIL APPLICATION No. 1250 of 2010
With
SPECIAL CIVIL APPLICATION No. 1291 of 2010
With
SPECIAL CIVIL APPLICATION No. 1391 of 2010
With
SPECIAL CIVIL APPLICATION No. 1627 of 2010
With
SPECIAL CIVIL APPLICATION No. 786 of 2010
With
SPECIAL CIVIL APPLICATION No. 1373 of 2009
With
SPECIAL CIVIL APPLICATION No. 2901 of 2009
Decided on : 11/08/2010

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.

Headnote:
Constitution of India, 1950 - Articles 16, 234, 311 - Special Scheme of Fast Track Courts (sponsored by Central Government) for Elimination of Arrears Rules, 2001 - Rules 4, 5 - Petitioners in these cases were members of Bar who were appointed as ad-hoc Additional District Judges in different Fast Track Courts by direct recruitment - Total 66 direct recruit Fast Track Court ad-hoc Additional District Judges were appointed from the Bar - Steps were taken to terminate services of those Fast Track Court ad-hoc Additional District Judges who were found unsuitable, as detailed hereunder - Services of 6 direct recruit Fast Track Court ad-hoc Additional District Judges, including petitioners were terminated by State on recommendation of the High Court on ground ' having not been found suitable - Held, Court set aside order of termination so far as it relates to aforesaid 12 officers and remit their case to the admin- istrative side of the High Court for reconsid- eration of their case for extension of their ser- vice for further period, as has been allowed in the case of other Fast Track Court Judges in- clouding those who are holding the post by ad hoc promotion -Administrative side of High Court is expected to consider matter at an early date and must consider prior to fresh appointment/promotion to the post of Fast Track Court ad hoc Additional District Judges - Order Accordingly

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, services of 6 direct recruit Fast Track Court ad-hoc Additional District Judges, including the petitioners Mansuri Mohammed Ilyas Gulamnabi, Tailor Navnit Maneklal and Shukla Manoj Dhananjay - were terminated by the State on the recommendation of the High Court on the ground having not been found suitable .

Second order was issued on 8.2.2007 by which services of another 7 direct recruit Fast Track Court ad-hoc Additional District Judges were terminated with effect from 27.12.2006, except one Judge s services were terminated on 31.12.2006, including the petitioner Harish Hrishilal Patel. Their services were also terminated by the State on the recommendation of the High Court on the ground having not been found suitable .

On 28.4.2008, third set of orders were passed by which services of 23 direct recruit Fast Track Court ad-hoc Additional District Judges including the petitioners Shah Jignesh Kalyanbhai and Kosti Chandraprakash Harilal were terminated by the State on the recommendation of the High Court on the ground having not been found suitable .

By fourth order dated 25.9.2009, the services of 12 direct recruit Fast Track Court ad-hoc Additional District Judges including the petitioners Shukla Chetankumar Harsahdray, Sabirahmad Abdul Hasim Sheikh, Meteida Kishorsinh Sursinh, Buch Prashant Harkant, Ms Karia Neeta Manilal, Mahida Bharatsinh Mahendrasinh, Solanki Nirmalsinh and Maisuria Dhansukhbhai Khushalbhai - were terminated by the State with effect from 30.9.2009 on the recommendation of the High Court on the ground having not been found suitable .

On 8.10.2009, the fifth order was issued by which the services of 11 direct recruit Fast Track Court ad-hoc Additional District Judges including the petitioners Ms Smita Narendrabhai Atri, Manojkumar Trambaklal Dhanak, Dinesh Nanalal Trivedi, Ms Binoda Ramanlal Gajjar, Ms Pratiksha Dineshchandra Gupta, Subhashchandra Maganlal Kapadia and Savaisinh Ramsinh Sodha were terminated by the State with effect from 15.10.2009 on the recommendation of the High Court on the ground having not been found suitable .

The last i.e. the 6th order was issued on 14.12.2009 whereby services of 13 direct recruit Fast Track Court ad-hoc Additional District Judges including the petitioners P.G. Trivedi, B.M. Trivedi, KR Vora, A.N. Mehta, J.H. Singh, P.P. Trivedi, Mrs R.M. Patel, U.H. Bhatt, R.B. Bhatt, K.J. Trivedi, R.R. Bhatt, B.S. Oza, Mrs Y.H. Upadhayay were terminated by the State with effect from 15.12.2009 on the recommendation of the High Court on the ground having not been found suitable .

5. According to the petitioners, altogather 66 persons were appointed between the year 2002 and 2004 by direct recruitment from the Bar as Fast Track Court ad-hoc Additional District Judges. Out of the 66 person

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