“Humiliation Due to Demotion”: Supreme Court to Hear Gujarat Judicial Officers Plea

Supreme Court Law Insider

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Published on: 16 May 2023 at 13:18 IST

The Supreme Court has agreed to hear a plea in July from several judicial officers in Gujarat whose promotions were halted by the court.

Earlier, a bench led by Justice MR Shah, who has now retired, had put a hold on the promotions of 68 lower judicial officers in Gujarat, including Harish Hasmukhbhai Varma, the Chief Judicial Magistrate of Surat, who had convicted Rahul Gandhi, a Congress leader, in a defamation case.

The new bench, consisting of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala, acknowledged the arguments put forth by senior advocate Meenakshi Arora, representing the judicial officers. Arora stated that the officers had been reverted back to their original lower positions by the Gujarat High Court following the Supreme Court’s decision on May 12.

According to the senior lawyer representing the judicial officers, the demotion has caused them significant humiliation. Additionally, the lawyer pointed out that six states in the country follow the principle of seniority-cum-merit for promotions.

The Chief Justice of India stated that the case will be listed for hearing after the summer vacation in July, noting that the officers were reverted back based on a decision made by another bench of the Supreme Court.

The Supreme Court had previously stated that the promotions of the judicial officers were contrary to the Gujarat State Judicial Service Rules 2005, as amended in 2011, which require promotions to be based on a combination of merit and seniority, along with the successful completion of a suitability test.

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