The Supreme Court of India has intervened in a case concerning the frequent transfers of a senior judicial officer from Rajasthan. The apex court has directed the Acting Chief Justice of the Rajasthan High Court to reconsider the matter with sympathy and take an appropriate decision, preferably within a fortnight.
Court's Directive to Rajasthan High Court
While disposing of a petition filed by Principal District and Sessions Judge Dinesh Kumar Gupta, the Supreme Court bench asked Acting Chief Justice Sanjeev Prakash Sharma to look into the case. The court emphasized that the decision should be taken in consultation with the high court's administrative committee of judges. The bench, comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, issued this order on December 19.
Petitioner's Outstanding Service and Health Concerns
The Supreme Court noted that Judge Gupta's earlier postings, which included roles as a member of the State Legal Services Authority and director (Law) in the Jaipur Development Authority, were based on his "outstanding service record". The bench observed that these postings could not be seen as a "punitive measure".
In his petition, Gupta expressed distress over his recent posting as the District and Sessions Judge of Jalore. He highlighted that he has only about 10 months left before superannuation and is battling serious health issues that require regular treatment in Jaipur. Given these circumstances, he sought a posting near Jaipur in a position that matches his current rank.
Background and Next Steps
The Supreme Court noted that Gupta had already submitted a detailed representation to the Rajasthan High Court on December 3. By directing the high court's top judge to consider the matter sympathetically and within a timeline of about two weeks, the apex court has provided a swift avenue for redressal. This case underscores the challenges faced by judicial officers regarding administrative transfers, especially those close to retirement and with pressing personal needs.
