Bangalore: Firing a fresh salvo against
Karnataka High Court Chief Justice P D Dinakaran, Justice D V
Sylendra Kumar has asked him to refrain from discharging
administrative functions as impeachment proceedings against
him over allegations of land grabbing was pending.
"This action is a very disturbing development. In my
earnest and humble opinion you should definitely desist from
exercising even administrative function as Chief Justice," he
said, flaying Justice Dinakaran for continuing to perform
administrative functions while keeping away from the bench.
In an open letter to Justice Dinakaran dated March 8 and
posted on his website, Justice Kumar also raised the issues of
etiquette, propriety and morality, and demanded that he should
not draw full salary and enjoy facilities extended to a
regular Chief Justice.
Justice Kumar said, "It is acceptable if he is a normal
Chief Justice performing judicial function. But in your case
you are not only performing on judicial side, but also facing
an impeachment move."
After the land grabbing allegations surfaced against him,
impeding his elevation to the Supreme Court, Justice Dinakaran
has not been sitting on the bench since December 17, 2009.
Justice Kumar, who had stirred up a controversy after
taking on Chief Justice of India K G Balakrishnan on the issue
of judges making their assets public, has also persistently
attacked Justice Dinakaran, against whom impeachment
proceedings are pending in the Rajya Sabha.
Justice Kumar, who referred to media reports about the
Survey of India team submitting its findings on the issue of
alleged land encroachment by Dinakaran said, "In the wake of
this, etiquette, properiety and norms require that you should
not perform any of the duties of a Chief Justice, either on
judicial side or on the administrative side."
He said this was a basic principle of service law. "The
fact that you are holding a constitutional post of a Judge and
Chief Justice of the High Court, should not make much
difference to the principle of a suspended employee being
prevented from exercising any functions of the post he
otherwise holds."
Justice Kumar demanded that Dinakaran should not preside
over the collegium of High Court which selects names for being
recommended to be appointed as judges of High Court.
Justice Kumar, whose earlier effort for convening a
meeting of fellow judges to discuss the issue calling it
conclave of a "study circle" had failed to evoke response, has
sent out another letter to all the judges for a meeting.
"You are all aware that there is a pall of gloom in the
corridors of High Court of Karnataka. There is virtually no
life, forget about any lively action taking place and even our
routine meetings and weekly meetings over lunch have all come
to a grinding halt and it is as true as we have become
strangers in our own high court," he wrote.
He requested the judges to meet informally over a cup of
tea today this evening.
The judge also asked the High Court Registrar to make
arrangements for the meeting.
PTI
First Published: Wednesday, March 10, 2010, 14:49