J.S.YADAV vs STATE OF U.P. Supreme Court, 18-04-2011
| Judge | P. SATHASIVAM,B.S. CHAUHAN, , , |
| Parties | J.S.YADAVSTATE OF U.P |
| Docket Number | C.A. No.-003299-003299 / 2011 |
| Date | 18 April 2011 |
| Court | Supreme Court (India) |
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3299 OF 2011
(Arising out of SLP (C) NO. 16427 OF 2009)
J.S. Yadav …Appellant
Versus
State of U.P. & Anr. …Respondents
J U D G M E N T
Dr. B. S. CHAUHAN, J.
1. Leave granted.
2. This appeal is focused animadverting upon the judgment and
order dated 21.4.2009 passed by the High Court of Judicature at
Allahabad in Civil Misc. Writ Petition No. 27315 of 2008, by which
the High Court dismissed the writ petition filed by the appellant,
challenging the Notification dated 28.5.2008, by which on the date of
reconstitution of the U.P. State Human Rights Commission
(hereinafter referred to as `Commission’), the appellant was declared
to have ceased to hold the office as a Member of the said
Commission.
3. Compendiously and concisely, the relevant facts necessary and
germane to the disposal of this appeal run as under:
(A) Appellant entered the U.P. Judicial Services as Munsiff
in the year 1972 and was promoted to the post of Additional District
Judge in the year 1985 and further promoted to the post of District
Judge w.e.f. 14.1.2003.
(B) The appellant while working as a Principal Secretary
and Legal Remembrancer, Government of U.P., was appointed as a
Member of the Commission on 29.6.2006 for a period of five years
i.e. till 30.6.2011. The appellant joined on the said post on 1.7.2006.
(C) Sections 21, 23, 25 and 26 of The Protection of Human
Rights Act, 1993 (hereinafter called `the Act 1993’), stood amended
vide The Protection of Human Rights (Amendment) Act, 2006
(hereinafter referred to ‘Amendment Act 2006’). The said
amendment came into force on 23.11.2006.
(D) After completion of the tenure by the then Chairperson
of the Commission and other Members in October 2007, the
appellant remained the lone working Member of the Commission.
2
To continue reading
Request your trial