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Blogger judge picks on CJ

delhi Updated: Mar 12, 2010 00:37 IST
Nagendar Sharma
Nagendar Sharma
Hindustan Times
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The rebellious Karnataka High Court judge D.V. Shylendra Kumar has compared his Chief Justice P.D. Dinakaran, facing charges of land grab, with a “suspended employee”.

In a 12-page open letter, Kumar has asked Dinakaran to stop discharging administrative duties of a chief justice in the wake of a government appointed probe panel reportedly confirming land-grab charges against him.

Reminding the chief justice that impeachment proceedings against him had been set in motion in the Rajya Sabha and he had stopped hearing cases since December 17, Kumar asked him “not to perform any of the duties of a chief justice,” in the letter posted on his blog.

“Though propriety and morality demands that you should not draw full salary and should not enjoy facilities extended to a regular chief justice, but I leave that matter of self-discipline and morality to you,” said the judge, an avid blogger.

Drawing a parallel between Dinakaran and a “suspended employee”, Kumar questioned the CJ continuing to preside over the HC collegium and supervising the judges’ roaster.

“This is the basic principle of a service law with which you are familiar and the mere fact that you are holding the post of a judge, should not make much of a difference to the principle of a suspended employee being prevented from exercising any functions of the post he holds.”

“I am very concerned, as the administrative powers of chief justice…. includes presiding over the collegium of the high court, which selects names to be recommended for appointment as judges. In your present position, you should not perform this function.”

Kumar, who had last year publicly slammed the Chief Justice of India (CJI), for his reluctant stand on declaration of assets by judges, reminded Dinakaran that he didn't even allow a meeting of judges to discuss his conduct.

In a separate letter to fellow judges, Kumar, who once compared the CJ with a “serpent without fangs” for failing to deal with Dinakaran issue, said he was of the opinion that Dinakaran exercising administrative function was an unhealthy development that would further undermine the reputation of the HC.