Allow Cookies!
By using our website, you agree to the use of cookies
Justice Jain, who is currently the Additional Judge of Punjab and Haryana High Court, was subject to transfer to Karnataka High Court. However, the SC Collegium recommended the functioning of Justice Jain in the current capacity in the present High Court, on account of his performance and absence of information warranting his transfer. When the Department of Justice sought reconsideration of the Collegium’s decision.
The Collegium comprising Chief Justice of India Ranjan Gogoi, Justice AK Sikri, SA Bobde, NV Ramana and Arun Mishra opined that the file should be returned, and the recommendation stands unaltered. It is pertinent to note that there were differences between the Centre and the Collegium in this regard. The Centre merely extended the tenure of the Judge instead of making him permanent, as per the recommendations of the Collegium.
Despite the recommendation by the Collegium to make Justice Jain a permanent Judge in March 2018, the centre did not choose to make him the permanent Judge whose term was to expire on April 2018. Nevertheless, two days before his tenure ended, the Collegium reiterated its recommendation. It took note of the fact that the issue of transfer stands solved because of the reasons specified for retaining him in the Present High Court.
Despite this recommendation, the centre chose to extend the term of the Judge, which contravenes the settled law. Therefore, as per the law, the centre has to abide by the Collegium’s decision if it reiterates its decision a second time. Eventually, he was made a permanent Judge of the Punjab and Haryana Court in October last year.
86540
103860
630
114
59824