Firing a fresh salvo against Karnataka High Court Chief Justice P D Dinakaran, Justice D V Sylendra Kumar has asked him to refrain from discharging administrative functions, as impeachment proceedings against him over allegations of land grabbing was pending.
"This action is a very disturbing development. In my earnest and humble opinion, you should definitely desist from exercising even administrative function as the Chief Justice," he said, flaying Justice Dinakaran for continuing to perform administrative functions while keeping away from the bench.
In an open letter to Justice Dinakaran dated March 8 and posted on his website, Justice Kumar also raised the issues of etiquette, propriety and morality, and demanded that he should not draw full salary and enjoy facilities extended to a regular chief justice.
Justice Kumar said, "It is acceptable if he is a normal chief justice performing judicial functions. But in your case, you are not only performing on the judicial side, but also facing an impeachment move."
After the land grabbing allegations surfaced against him, impeding his elevation to the Supreme Court, Justice Dinakaran has not been sitting on the bench since December 17, 2009.
Justice Kumar, who had stirred up a controversy after taking on Chief Justice of India K G Balakrishnan on the issue of judges making their assets public, has also persistently attacked Justice Dinakaran, against whom impeachment proceedings are pending in the Rajya Sabha.
Justice Kumar, who referred to media reports about the Survey of India team submitting its findings on the issue of alleged land encroachment by Dinakaran, said, "In the wake of this, etiquette, propriety and norms require that you should not perform any of the duties of a Chief Justice, either on the judicial side or on the administrative side."
He said this was a basic principle of service law. "The fact that you are holding a constitutional post of a Judge and Chief Justice of the High Court, should not make much difference to the principle of a suspended employee being prevented from exercising any functions of the post he otherwise holds."
Justice Kumar demanded that Dinakaran should not preside over the collegium of high court, which selects names for recommendations to be appointed as judges of high court.
Justice Kumar, whose earlier effort for convening a meeting of fellow judges to discuss the issue had failed to evoke a response, has sent out another letter to all the judges for a meeting.
"You are all aware that there is a pall of gloom in the corridors of the High Court of Karnataka. There is virtually no life, forget about any lively action taking place and even our routine meetings and weekly meetings over lunch have all come to a grinding halt and it is as true as we have become strangers in our own high court," he wrote.
He requested the judges to meet informally over a cup of tea today evening.
The judge also asked the high court registrar to make arrangements for the meeting.
