The judges examined justice Mishra’s performance in the light of a report that adversely commented on a mark-sheet controversy that shook the state judiciary last year.
In a decision that may cause embarrassment to the judiciary, the Orissa high court (HC) on Saturday denied confirmation to justice Lalit Kumar Mishra. The judge was awaiting confirmation as an additional judge. The HC decision sends Mishra back to his original post of a district and sessions judge.
The judges examined justice Mishra’s performance in the light of a report that adversely commented on a mark-sheet controversy that shook the state judiciary last year.
It had been alleged that for selecting a few candidates in the Orissa Senior Judicial Examination to recruit subordinate court judges, justice Mishra had manipulated the marks of some candidates known to him.
The Orissa high court had sent adverse reports to the Supreme Court and the Union law ministry alleging justice Mishra’s involvement in the scam. Generally, the exam-sheets are scrutinised by the judges and senior professors of the law department at the university.
A full-bench chaired by chief justice IM Quddusi on Saturday night took the decision and gave marching orders to justice Mishra.
He was a district judge in Balasore. He took oath as judge of the high court on January 17, 2008. As per rules, a judge remains an additional judge for a maximum of two years or less. He is made a full fledged judge during the period and can only be removed through impeachment.
Sources said the HC didn't get confirmation for justice Mishra from the president till Saturday.
Besides Mishra, another judge BK Patil was also appointed as judge of the Orissa high court. But the office of the president issued a gazette notification on his appointment as a regular judge. Patil took the oath on January 14.
On Mishra's fate, Orissa HC Bar Association secretary, Kali Prasanna Mishra said, “It has never happened in the judicial history of Orissa. Earlier, a judge was demoted but not for corruption.”
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