J&K Sessions Judges case in SC, Notice issued to J&K High Court & Govt.

A Division Bench of the Supreme Court of India comprising JJ Mr. Justice Jagdish Singh Khehar & Mr. Justice R.K. Agrawal today, after hearing Prof.Bhim Singh, Sr. Advocate issued notice to the Govt. of J&K as well as to the High Court of J&K in a writ petition filed under Article 32 of the Constitution of India challenging the premature retirement of Shri Shakti Kumar Gupta while he was functioning as Principal & District Sessions Judge, Kargil on 1st January, 2014. The court issued notice returnable in four weeks. The court observed that the record of the proceeding may be called for if necessary.

Prof.Bhim Singh, Sr. Advocate who appeared for the petitioner yesterday had submitted that the High Court of J&K has erred by issuing the retirement order against Shri Shakti Kumar Gupta, the then Principal & District Sessions Judge, Kargil when he had already completed 57+ years in service. Referring Rule 24 of the Higher Judicial Service Rules, 2009, Prof.Bhim Singh submitted that Rule 24 under which Shri Shakti Kumar Gupta was removed from the service did not apply in the present case as the process of assessing and evaluating the service record of Shri Shakti Kumar Gupta was initiated on 21st/29th May, 2013 when the petitioner had already completed 56 years and six months. Rule 24, he submitted, could have been invoked against the petitioner before attaining the age of 55 years and not after obtaining 55 years.

The Hon’ble Presiding Justice Mr. Jagdish Singh Khehar adjourned the case dated 30.06.2014 till next day (i.e.1st July, 2014) observing that Prof.Bhim Singh should convince the court on the interpretation of Rule 24 as he has claimed.

This day i.e. 1st July, 2014, Sr. Advocate, Prof.Bhim Singh emphasized that the assessment and evaluation should have been completed before the petitioner had completed 55 years of age. The High Court has considered his case for the first time on 21st/29th May, 2013 i.e. when he had already completed 56 years and six months in service. He submitted that the Govt. had acted mala fide on the report of the High Court while the High Court had given the petitioner a selection grade on 15th June, 2011 when the petitioner had completed 55 years and seven months. Again the petitioner was released annual increment on 02.07.2012 when the petitioner had crossed 56 years and seven months. Prof.Bhim Singh submitted that the petitioner was sent on deputation on 19.11.2012 to attend a regional judicial conference in Chandigarh when he was 56 years and 11 months. Prof.Bhim Singh further submitted that the petitioner was transferred to Kargil (Ladakh) as Principal & District Sessions Judge when he had completed 57 years and four months on 02.04.2013. Whereas after 40 days he was declared as a ‘deadwood’ and forcibly retired.

Prof.Bhim Singh further submitted that his ACR recorded in February 2009 assessed his working as very good and no ACR were written till 29th May, 2013 the day the administrative committee headed by the Chief Justice found him unsuitable to continue in service. Prof.Bhim Singh also emphasized that the petitioner received letter on 8th June, 2013 from the High Court to send his self-assessment statement for the year 2009; whereas the last ACR were written on 29th May, 2013 without giving an opportunity to the petitioner to submit his self-assessment report.

The Division Bench issued notice returnable within four weeks observing on the submission of Prof.Bhim Singh that the petitioner could have been considered for premature retirement after the age of 58 years and not 55 years.

NPP calls on youth, students Expose Modi’s Achche din aane wale hain

“Modi experiment with the wretched of the earth has exposed his government about its sincerity to the cause of the people which was echoed to the heights by Modi during election campaign.” Said Prof.Bhim Singh while addressing Panthers Party activists through video conference.

He accused Modi government for the arbitrary rise in prices of petrol, diesel and even onion and potato which are most important essential commodities to keep the poor people alive. He demanded to hand over the public distribution system, at least, in respect of distribution of fuel, gas and other essential commodities. He accused Modi government that there is no difference between the ousted UPA government and the present popular Modi government. If one is parchoon trader another is thok (wholesale) seller. Onion has increased almost 100% targeting Rs.25 whereas potatoes have gone from Rs.10 to Rs.25. The government has sanctioned to the private oil companies to increase petrol prices by Rs.2 and diesel prices are added by 50 paise every month. Those who have voted Modi to power should be contended by Modi’s slogan that good days are coming (Achche din aane wale hain).

Prof.Bhim Singh said that the rice in global prices in petroleum can be contained by reducing the excise duty on the export of oil. Why, he inquired, government is interested to protect the interest of private companies when they have been entrusted this work on the basis of tenders? It is very clear that the government is interested to protect the interest of the private companies and not the people who have voted them to power. He asked the government why the distribution of oil is kept exclusively in the hands of private companies? He demanded that distribution of oil, gas and other essential commodities should be handed over to public sector who shall be accountable to the public.

Prof.Bhim Singh called on youth, students, working class, farmers, women to raise the banner of protest against the Modi government to save the wretched of the earth from complete liquidation and destruction. He said that Modi’s achche din have come and now the people of India should also get achche din.