Subordinate Judiciary Cries out for ‘Justice’

Elevation to high court bench requires more transparency

Krishna Deka

It is the dream of almost every person who joins judicial service to become a High Court Judge one day. A good monetary remuneration is nowadays provided to every judicial officer of the subordinate Judiciary by the government. But for some monetary remuneration is not what motivates or inspires them to join judicial service and to do good to people. Many are motivated or inspired to join Judicial service by the fact that by joining Judicial service they will get a golden opportunity to do true justice to the people who have been deprived of justice and if they full fill all the criteria required by the end of their tenure they will be rewarded for their sacrifice, hard work, honesty, sincerity and merit by being elevated as a Judge of the honourable High Court.

To be elevated as a High Court Judge is a very big and respectful recognition for a judicial officer of the subordinate Judiciary. Even if a judicial officer of the subordinate Judiciary gets elevated as a High Court Judge for only two years it is a very big recognition for them. But the sad reality is that in the past despite there being vacancies — honest, sincere, hardworking and knowledgeable seniormost judicial officers have retired without being elevated as a High Court Judge. Many efficient, eligible and honest judicial officers have retired without knowing whether their name was recommended, and if recommended, why their name was rejected. Many of these officers who have worked with utmost sincerity and honesty day and night have retired without getting the recognition which they deserve.

Nobody raises their voice in support of these officers as to why they were not elevated, although many knew that they were honest and had the qualities required for elevation. Behind the silence everyone has their own selfish interest. Everyone thinks raising voices against such issues may put a slur on their career. The victimised officers also do not speak about these problems, thinking that if they speak up they may be further victimised, their retirement benefits such as pension might get affected and a false slur of criticising or acting against the judiciary might be put over them for life. Therefore these matters do not get the required attention.

The government and higher judiciary must look into such happenings seriously because such happenings bring down the morale of honest, upright, sincere, hardworking officers of the subordinate judiciary. Every eligible and deserving Judicial officer who is not elevated as a High Court Judge by the time of his retirement should be confidentially communicated the reason of his non elevation, because he has all the right to know why his name was not recommended for elevation — and if recommended why rejected after working with honesty and utmost sincerity throughout his career as a judicial officer. More transparency must be brought in the process of elevation of judicial officers as High Court judges. If there is any grave allegation against the officer that is acting as a bar to his elevation, it must be confidentially communicated to the officer and a fair inquiry must be conducted to determine the reality of the allegations. Any reason that is acting as a bar to the elevation of a Judicial officer as a High Court judge must be communicated to him because he has all the right to know the same after giving so much years of service to the society.

Moreover, seniority, knowledge, hard work, merit, honesty, high integrity, sincerity and experience should be the only criteria for elevation of a judicial officer as a High Court Judge. Favouritism of judges, high profile or renowned family background, political backing or pressure, nepotism, egotism, favouritism for bootlicking officers, personal hatred for an officer, sycophancy by an officer, casteism, internal politics and any kind of influence should never play a role in elevation of a judicial officer as High Court Judge. Merit and knowledge may be checked and scrutinised by a written test. Honesty and integrity gets to be known through years of service provided by the officer and can be scrutinised by an intelligence report. There must be a forum were such issues could be raised and discussed on behalf of such deprived officers without the officers being subjected to harassment for raising such issues.

Despite there being vacancies, many sincere, honest, knowledgeable and hard working judicial officers have retired without being elevated as a High Court judge thereby depriving them of the recognition which they deserve. Many of them have even left for the heavenly abode by now. They have never claimed and will never ask for such recognition. It was the duty on the part of the government and the higher judiciary to recognise and reward their honest and sincere service, in which both have failed somewhere or the other.

The subordinate judiciary is the very foundation of the judicial system. Therefore the morale of the honest, sincere and hardworking officers of the subordinate Judiciary should not be allowed to weaken through such injustice.

Also Read: Centre Moves Supreme Court on Prateek Hajela’s Transfer Order, Seeks More Time