An administrative decision taken by a full bench of the Odisha High Court in May 2012 is now under the judicial scrutiny of a division bench of the court. The full bench in April, 2012 had found judicial officer Subhendra Mohanty suitable for promotion to the rank of District Judge and posted him in the same capacity in Boudh district. However, exactly after a month, the court recommended for compulsory retirement of Mohanty in ‘public interest.’
The grounds attributed to Mohanty’s retirement did not satisfy the Governor, who in November 2012 had returned back the recommendation to the HC for reconsideration. In January last, the full bench reiterating its earlier decision once again recommended to the Governor for compulsory retirement of the judicial officer. Accordingly, on March 13 last, Mohanty was forced to take retirement at the age of 55 after serving as a judicial officer for 31 years.
Being a judicial officer and having a scope for judicial scrutiny to the injustice meted out to him, Mohanty moved the High Court filing a writ in which he urged the Chief Justice to quash the May 2012 recommendation of the full bench, saying the decision was taken without application of mind and mala fides were established.
Taking up the writ petition, a division bench of the court recently issued notices to the High Court Registrar (administration) and to the State Home Secretary to file their counters to the writ petition in affidavits so as to decide the maintainability of the writ petition.
Notwithstanding the outcome of the writ petition, what makes the writ unprecedented is that a judicial officer is now finding himself prejudiced of the same system in which he served for over 30 years.
Mohanty in his petition maintained that ever since he joined as a Munsif in December 1982, he had an unblemished career for nearly two decades until an explanation was called from him in August, 2002 over a theft incident that occurred in August, 1989 in Udala court malkhana while he was working as SDJM in Mayurbhanj district.
Since then he was repeatedly cautioned, censured and warned for petty reasons and every time the enquiries reveal that the allegations leveled against him were misconceived and unjustified, Mohanty said in his petition, adding that for his sincerity and diligence, he got regular promotions to rise to the post of District Judge.