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Our Legal Correspondent

Chennai June 7 The Government has no power to review decisions in respect of judicial officers, and high courts alone had control over them, the Madras High Court has held. This has been the ruling in various decisions, the court added.

The Governor could not take any action against any member of a subordinate judicial service, without and contrary to, the recommendation of high courts.

A Division Bench of the Madras High Court comprising Ms Justice Prabha Sridevan and Mr Justice K. Chandru, which heard a writ petition from N. Kannaki, Principal District Munsif, Poonamallee, challenging order dated October 3, 2006 of Home (Courts-IA) Dept, and praying for reviewing the said order, ruled there was no provision of law under which review petition could be filed.

Petitioner submitted that she was relieved from service on October 10, 2006. She was neither given notice nor allowed to make any representation on allegations or information received against her. The order, she contended, gave her a right to file review petition within 1 month. Therefore, she made a representation for reviewing order. Till date no order had been passed, and hence present petition, she said.

The Bench noted that petitioner was unable to point out to any legal provision which enabled her to file review petition. Her counsel submitted that except last sentence in impugned notification which permitted petitioner to file a review petition, there was no provision of law under which such petition could be filed. The petition was dismissed.

More Stories on : Courts/Legal Issues | Tamil Nadu

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