Judge Received Call From Delhi- Karnataka HC Judge In His Order, Publishes Details Of Service Record Of ADGP

Justice H. P. Sandesh of the Karnataka High Court has recorded in his Order of yesterday, which is now available on the website of the High Court, that the Judge of the High Court who told him about the possibility of transfer, also told him that he received a phone call from Delhi enquiring about Justice Sandesh.

Justice Sandesh does not name the other Judge or the person who allegedly called him.

The Order says that at the dinner that was arranged by the Court to bid farewell to the previous Chief Justice on July 1, 2022, "A Hon'ble sitting Judge came and sat by the side of me and stated that he received a call from Delhi (not disclosed the name) and said that the person who called from Delhi, enquired about me and immediately I replied that I am not affiliated to any political party and the Hon'ble Judge did not stop the same there itself and further said that ADGP is from North India and he is powerful and also gave an instance of transfer of Senior Judge of this Court to some other State and told that for no mistake on his part, he was transferred and chances of one side feeding to them".

The quoted portion above is found in quotes in the Order as well.

Additionally, Justice Sandesh quotes from the Service Record of the Anti-Corruption Beauro ADGP, Seemanth Kumar Singh. Today, before the Supreme Court, it was submitted that Justice Sandesh had read out in open Court, the confidential service records of the ADGP. Solicitor General Tushar Mehta had highlighted this aspect stating that only superior officers are privy to the confidential service records of an officer.

In his Order, Justice Sandesh narrates what is mentioned in the Service Record.

"On perusal of the SR, for the period of assessment 2009-2010, the Reviewing Authority, a remark was made that the Officer has to give adequate attention to police image while performing his duties or supervising the duties of subordinate officers/ranks. It is further observed in column No.9 that lesser strength are loose supervision, soft going on subordinates, inability to say 'No'. For the year 2008-2009 i.e., from 01.04.2008 to 31.03.2009, the remark is that his ability to take tough stand shall improve", the Order records.

The Court then states that "It is emerged in the service record that he was working as S.P. in Bellary and he was transferred and within six days again got it transferred to Bellary and the counsel for CBI submits that the Hon'ble Supreme Court is monitoring the mining case and CBI raid was conducted on the residence of the ADGP".

The officer concerned has moved the Apex Court and had told the Cheif Justice's Bench today morning during the hearing that adverse remarks were made against him without making him a party and hearing him.

Incidentally, Justice Sandesh records in the Order that the ACB has approached the Apex Court and that the matter is listed today. "List the matter on 13.07.2022 at 2.30 p.m., to hear the bail petition", the Order says.

The Supreme Court today adjourned the matter since the above Order of Justice Sandesh was not produced before it. Tushar Mehta had told the Court that the Order had not been published on the website.

The Apex Court had directed, "taking into consideration this scenario, we request the learned Judge to defer the hearing for a period of three days to enable us to look at the order passed on July 11. List the matter on Friday. Issue the order by email".

Click here to read/download the Order