The Madras High Court has said state governments do not have any review powers over High Court's decision to compulsorily retire its subordinate judicial officers follwoing full court decisions.
"The state government is bound to honour the recommendation as it has no power to review the decision", a division bench consisting of Justice Satish K Agnihotri and Justice K K Sasidharan recently.
The case pertains to R M Jayalakshmi, who was appointed judicial magistrate in July 1991. In 2009, full court of the high court adopted a resolution that she could not be continued in service in public interest.
After the government accepted the recommendations and rejected her review pleas as well, she moved the High Court saying her case had been mechanically rejected by the state.
Dismissing her the bench held that even a single entry of doubtful integrity would be sufficient to take against the judicial officer concerned.
"Public interest is the paramount consideration in a matter of this nature. As observed by the Supreme Court, dishonest, corrupt and deadwood deserves to be dispensed with," said the judges.
They also held that once a final decision is taken by the full court to compulsorily retire a subordinate judge, the government is bound by the decision.
"The government has no other option than to issue a notification," they said.
The government has no authority to even remit the matter back to the high court for fresh consideration, they said. "Since the disciplinary jurisdiction of the subordinate courts vests with the high court, the government have absolutely no jurisdiction or power to entertain review petition," they added.
