Demoted, Orissa HC judge sent to Kalahandi

Indian Express, Jan 20, 2010
Maneesh Chhibber

In a rare case, a sitting judge of the Orissa High Court has been demoted to a district and sessions judge. He has now been posted as district judge of Kalahandi.


Sources in the Union Ministry of Law and Justice said the decision to demote Justice L K Mishra was taken when the Supreme Court collegium refused to recommend his case for continuation as Additional Judge of the Orissa High Court after his indictment in a case pertaining to alleged tampering of marks of candidates for the post of judicial officers in the state.

The Registry of the Orissa High Court issued orders demoting Mishra after a decision to this effect by the full court headed by Acting Chief Justice I M Quddusi.

While another Additional Judge, B K Patel, who had been appointed at the same time as Mishra, has now been appointed Permanent Judge of the same HC on the recommendation of the HC collegium, Mishra’s fate was sealed as the SC collegium refused to clear his case.

Asked about further inquiry against Mishra, a senior Law Ministry official said, “As district judge, he is under the administrative control of the HC. It is now for the full court to decide whether it wants him to continue in service or not.”


Source said the Orissa High Court had brought to the notice of the Chief Justice of India the fact that Mishra was allegedly involved in increasing marks of two candidates for the post of judicial officers. When the interview board saw the answer sheets of all candidates, it detected the irregularity — marks of two candidates had allegedly been increased to facilitate their selection. Thereafter, the HC was forced to quash the result of the written examination.

Incidentally, the inquiry against Mishra was conducted by present Acting CJ Quddusi who recommended suitable action against him. Quddusi also favoured reconsideration of the decision to appoint Mishra as a judge of the HC.

“Once a regular Chief Justice is appointed, the HC may take a final decision with regard to further action against Mishra. Until then, it is Kalahandi for him,” said a Law Ministry official.