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Issues Involved:
1. Enhancement of the age of superannuation of judicial officers. 2. Authority of the High Court versus the Governor in retirement decisions. 3. Arbitrariness of the impugned retirement order. Detailed Analysis: 1. Enhancement of the Age of Superannuation of Judicial Officers: The petitioner sought a writ mandating the State of Bihar to frame rules enhancing the retirement age of judicial officers to 60 years, as directed by the Supreme Court in the All India Judges' Association case (1993). The petitioner argued that the retirement age automatically stood increased to 60 years following the Supreme Court's decision, and he could not be retired at 58 without following the procedure for compulsory retirement. The Supreme Court clarified that the directions in the 1993 case did not automatically enhance the retirement age to 60 years. The judgment provided a mechanism for evaluation by the High Courts to assess the continued utility of judicial officers before they reached 58 years. The benefit of extended superannuation age was conditional upon this evaluation, and it was not an automatic right. The Court emphasized that the directions were ad hoc measures intended to operate until the respective State Governments amended the service rules accordingly. 2. Authority of the High Court versus the Governor in Retirement Decisions: The petitioner contended that as he held a civil post under the State of Bihar, only the Governor could order his retirement, and the High Court's role was merely advisory. The Court rejected this argument, stating that the High Court's evaluation and recommendation were integral to the process, and the Governor's role was to act on the High Court's recommendation. The High Court's decision not to extend the retirement age was based on an evaluation of the petitioner's service record, which found him unfit for continued service. 3. Arbitrariness of the Impugned Retirement Order: The petitioner argued that the High Court's decision was arbitrary and lacked material basis. The Supreme Court examined the petitioner's service record, which included periods of unsatisfactory performance and allegations of doubtful integrity. The Evaluation Committee, consisting of eight judges, including the Chief Justice, reviewed the petitioner's record and found that he did not have the potential for continued useful service. The Court found that the High Court's decision was neither arbitrary nor based on no material, and it was not vitiated by any other reason. Separate Judgment for Swaroop Lal: In a separate but similar judgment, the petitioner Swaroop Lal also challenged his retirement at 58 years. His case was evaluated by the same Committee, which found him unfit for continued service. The grounds of challenge and the Court's reasoning were identical to those in the case of Bishwanath Prasad Singh. Consequently, Swaroop Lal's petition was also dismissed. Observations on Inspections and Confidential Reports: The Court noted disturbing features regarding the lack of timely inspections and entries in confidential records of judicial officers. It emphasized the importance of regular, effective, and productive inspections to assess the work and conduct of judicial officers. The Court stressed that entries in confidential records should be made within a specified time to ensure fairness and objectivity. Conclusion: The Supreme Court concluded that the direction to enhance the superannuation age did not confer an automatic right to continue in service until 60 years. The benefit was conditional upon an evaluation by the High Court. The High Court's decision not to extend the petitioner's retirement age was based on a proper evaluation of his service record and was not arbitrary. The petitions were dismissed, and the Court urged High Courts to ensure regular inspections and timely entries in confidential records to maintain the efficiency and integrity of the judicial system.
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