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1. The District Judgeship of Baghpat, which came into existence on account of the newly created District of Baghpat, has engaged the attention of the High Court continuously on account of un-ending controversies surrounding the appointments made in the Ministerial Cadre and has given rise to litigation which, in turn, has been the subject matter of adjudication on the judicial side of this Court. The present litigation is the second in the series of the recent controversial appointments made which have been scrutinized on the [judicial side and we have been again called upon to pronounce a verdict which, as the facts would disclose hereinafter, contain a disclosure of unsavoury acts which are not only unsustainable in the eyes of law but have also provided an opportunity to this Court to again seriously think over to provide for remedial measures in order to prevent any future mishaps which might tarnish the image of our system.

2. This newly created Judgeship has become a site of alternate unlawful invasions, by unscrupulous officers as if it was their favourite hunting resort, which historically Baghpat was during the Moghul period, and which requires an immediate favourable treatment from this Court in order to bring to an end this scene of perpetual infamous attempts made to defame the system.

3. The genesis of this litigation is to be found with the creation of new posts in the year 1998-1999 in the Ministerial Cadre in the District Judgeship of Baghpat. We are presently concerned with such Class-III posts which carry with them a pay-scale of Rs. 3050-4590/-. Even though the present controversy is in respect of four persons, yet this decision pronounces upon the legal position that shall be applicable in respect of all such appointments, as that of the four petitioners of the writ petition giving rise to the present Special Appeal.

60. Since the impugned termination orders do not contain any reason, there is no option but to quash the same. We accordingly quash the said termination orders impugned in the writ petition with a direction to the District Judge, Baghpat to decide the matter again within a period of one month from today keeping in view the law enunciated by us hereinabove and after affording an opportunity to the petitioners-respondents. All the four petitioners are required to present themselves before the District Judge, Baghpat on 13th June, 2005 and the District Judge thereafter shall proceed to pass appropriate orders.

61. We further set aside the interim order dated 28.04.2005 granted by the learned Single Judge and allow this appeal as well as the writ petition to the extent, indicated hereinabove. We further direct that the petitioners of the writ petition shall be entitled to benefits which they are entitled in law as a consequence of the setting aside of the termination orders only till the final orders are passed by the District Judge, as directed hereinabove.

62. Before parting with the case, we find it absolutely necessary in the interest of the Institution, to strike a note with regard to the manner and functioning relating to appointments in Subordinate Judiciary. As already expressed in the opening paragraphs of this judgment, the District Judgeship of Baghpat had earlier been the subject matter of a similar controversy pertaining to appointments of Stenographers. This Court, in its decision rendered in the case of District and Sessions Judge, Baghpat v. Ratnesh Kumar Srivastava and Ors., Special Appeal No. 1582 of 2004 decided on 20.01.2005, by a Bench to which one of us (Hon'ble Dr. B.S. Chauhan, J.) was a Member, had the occasion to comment upon the favourtism and nepotism in matters of appointment resulting in lowering the standards of efficiency and bringing a bad name to the Institution. This Court expressed its view that under Article 235 of the Constitution of India, the High Courts exercise complete administrative control over the Subordinate Courts including the control over all functionaries such as Ministerial Staffs and Servants in the establishment of Subordinate Civil Courts. Remedial measures were suggested therein and the attention of the Hon'ble the Chief Justice has been invited for taking appropriate steps in this regard.