Supreme Court Reinstates Judicial Officer Who Was Terminated Citing 'Dheeraj Mor' Judgment

The Supreme Court directed reinstation a judicial officer of Bihar who was terminated from service citing the judgment in Dheeraj Mor v. High Court of Delhi (2020) 7 SCC 401.

The bench of Justices BR Gavai and CT Ravikumar observed that the Dheeraj Mor (supra) case is not applicable in the peculiar facts and circumstances of the present case.

Sunil Kumar Verma  had applied to the post of Additional District and Sessions Judge (in Bihar) prior to 16th September 2016, which was the last date for submitting the application. In the meantime, he also applied for post of Civil Judge (Junior Division) in State of Uttar Pradesh. After being successful in the selection process (UP), he was appointed on 16th January 2017 as a Civil Judge (Junior Division). After this, the selection process for recruitment in the Bihar Superior Judicial Services proceeded further. After obtaining the requisite permission from the Allahabad HC, Verma participated in the selection process conducted by the Patna HC for the post of Additional District & Sessions Judge. After successfully clearing the selection process, he obtained permission from the Allahabad HC for resigning from the Uttar Pradesh Judicial Services, so as to join his service as Additional District and Sessions Judge in the State of Bihar. Thus he joined the Bihar Superior Judicial Service with effect from 21st August 2018.

In Dheeraj Mor (supra), the Supreme Court (vide judgment delivered on 19th February 2020)  it was held that a Judicial Officer, regardless of her or his previous experience as an advocate of 7 years, cannot apply and compete for appointment to the post of Additional District and Sessions Judge in the direct recruitment quota for advocates and pleaders. In view of this judgment, the Patna High Court issued a show cause notice to him and finally terminated him from service. The writ petition filed by Verma challenging this termination was dismissed by the Patna High Court.

Before the Apex Court, Advocate Chandra Bhushan Prasad who appeared for Verma contended that the law laid down in the case of Dheeraj Mor (supra) would not be applicable to him. On the other hand Advocate Gaurav Agrawal who appeared for the High Court supported the impugned judgment.

The court noted that as on the date of his application, Verma was a lawyer having practiced for more than 7 years and was, therefore, very much eligible to apply for the direct recruitment category.

"He was neither in services of the Bihar Subordinate Judicial Services Cadre on the date on which he applied and secondly, nor was he in the services of the Bihar Subordinate Judicial Officer Cadre on the date on which he was selected.  In that view of the matter, we find that the law laid down in the case of Dheeraj Mor (supra) is not applicable in the peculiar facts and circumstances of the present case."

While allowing the appeal, the court further noted that he had sought permission from Allahabad HC in this regard. Ordering reinstation, the Court said he would be entitled to continuity in service for all purposes, including seniority, terminal benefits etc., however, he would not be entitled to the emoluments for the period during which he was out of employment.

Case details

Sunil Kumar Verma vs State of Bihar 2022 LiveLaw (SC) 775 | SLP(C) 7781 of 2021 | 12 September 2022 | Justices BR Gavai and CT Ravikumar

Headnotes

Judicial Service - Appellant had applied to the post of Additional District and Sessions Judge (in Bihar) - In the meantime, he also applied for post of Civil Judge (Junior Division) in State of Uttar Pradesh - After being successful in the selection process (UP), he was appointed on 16th January 2017 as a Civil Judge (Junior Division) in UP - After this, the selection process for recruitment in the Bihar Superior Judicial Services proceeded further. After obtaining the requisite permission from the Allahabad HC, he participated in the selection process conducted by the Patna High Court for the post of Additional District & Sessions Judge. After successfully clearing the selection process, he obtained permission from the Allahabad HC for resigning from the Uttar Pradesh Judicial Services, so as to join his service as Additional District and Sessions Judge in the State of Bihar. Thus he joined the Bihar Superior Judicial Service with effect from 21st August 2018 - Later the Patna HC terminated his service citing the decision in Dheeraj Mor v. High Court of Delhi (2020) 7 SCC 401 - His writ petition challenging this termination dismissed by Patna HC - Allowing appeal, the Supreme Court observed:  He was neither in services of the Bihar Subordinate Judicial Services Cadre on the date on which he applied - Nor was he in the services of the Bihar Subordinate Judicial Officer Cadre on the date on which he was selected- He had also sought permission from Allahabad HC in this regard - directed reinstation.

Click here to Read/Download Judgment