News Desk, AnyTV, New Delhi
Published by: Amit Mandal
Updated Sat, 26 Feb 2022 08:35 PM IST
Summary
The petitioner was stuck in Nagpur during the lockdown and could not get a train or flight to reach Birol in Darbhanga for joining on time.
The Supreme Court has quashed the notification canceling the appointment of a Judicial Officer from Bihar, who could not join as a Probationary Civil Judge in 2020 on the scheduled date due to the nationwide lockdown. Rakesh Kumar, a judicial officer from the Scheduled Caste community, was stuck in Nagpur during the lockdown and could not get a train or flight to reach Birol in Darbhanga for joining on time. According to his lawyer, he eventually had to travel 1,100 km by taxi to reach the destination.
lockdown was imposed due to corona
A bench of Justices KM Joseph and Hrishikesh Roy took note of the fact that the Corona pandemic was going on in the country at that time and travel restrictions were imposed. The bench said that during that time, travel by both air and train was prohibited and flights were not allowed till May 25, 2020. Thereafter, the apex court directed quashing of the Patna High Court’s decision which had dismissed Kumar’s plea to quash the notification. The bench said that this notification is set aside.
Kumar had said in the appeal that he had appeared in the 30th Bihar Judicial Services Examination and was appointed as a Probationary Civil Judge (Junior Division) on January 6, 2020. The top court directed that Kumar’s appointment be reinstated subject to the condition that he would not be entitled to claim seniority/backways. The posting shall be given to the appellant within a period of four weeks from today and subject to all the conditions which have been incorporated in the written consent.
Expansion
The Supreme Court has quashed the notification canceling the appointment of a Judicial Officer from Bihar, who could not join as a Probationary Civil Judge in 2020 on the scheduled date due to the nationwide lockdown. Rakesh Kumar, a judicial officer from the Scheduled Caste community, was stuck in Nagpur during the lockdown and could not get a train or flight to reach Birol in Darbhanga for joining on time. According to his lawyer, he eventually had to travel 1,100 km by taxi to reach the destination.
lockdown was imposed due to corona
A bench of Justices KM Joseph and Hrishikesh Roy took note of the fact that the Corona pandemic was going on in the country at that time and travel restrictions were imposed. The bench said that during that time, travel by both air and train was prohibited and flights were not allowed till May 25, 2020. Thereafter, the apex court directed quashing of the Patna High Court’s decision which had dismissed Kumar’s plea to quash the notification. The bench said that this notification is set aside.
Kumar had said in the appeal that he had appeared in the 30th Bihar Judicial Services Examination and was appointed as a Probationary Civil Judge (Junior Division) on January 6, 2020. The top court directed that Kumar’s appointment be reinstated subject to the condition that he would not be entitled to claim seniority/backways. The posting shall be given to the appellant within a period of four weeks from today and subject to all the conditions which have been incorporated in the written consent.