Supreme Court refuses to entertain plea of terminated judicial officer

New Delhi: The Supreme Court on Friday refused to entertain a plea filed by a judicial officer, whose service was terminated four days before he was set to become a permanent judge of a trial court here.

The decision to terminate the service of the judicial officer, who was on probation since July 2016, was taken by a full court of the Delhi High Court on August 10.

A bench comprising Justices Ranjan Gogoi and Navin Sinha said it was not inclined to entertain the plea filed by Nitesh Gupta, who was slated to take charge as a Metropolitan Magistrate in Tis Hazari court from August 14 to hear cases pertaining to the Negotiable Instruments Act.

"We think you should practice law and not decide law. There are half a dozen questions which we can ask you, but we are not doing so," the bench observed.
When the bench expressed disinclination, Gupta withdrew his petition.

"Counsel appearing for the petitioner prays for liberty to withdraw this writ petition. Liberty, as prayed, is granted. The writ petition is accordingly closed on withdrawal," the bench said.

Under Rule 22 of the Delhi Judicial Service Rules 1970, the services of a person on probation are liable to be terminated without assigning any reason.

A full court of the High Court took the decision to terminate the service of Gupta, which was approved by Lieutenant Governor Anil Baijal the same day.

The decision was then communicated to the District Judge of Patiala House court, where Gupta was undergoing training, for necessary action.

The High Court on July 28 had passed an order posting and transferring 70 DJS officers, including Gupta.