June,20,2015: Press Information Bureau has issued a press note stating that Justice Gian Parkash Mittal, a judge of the Delhi High Court has tendered his resignation from the office of the Judge of Delhi High Court, in pursuance of proviso (a) to clause (1) of article 217 of the Constitution, with effect from the afternoon of 8th July, 2015.
No reasons have been mentioned for the said resignation. However, Economic Times has reported quoting sources in the Law Ministry that Justice Mittal is likely to join the Competition Commission of India in the coming days due to which he has tendered his resignation.
It is noteworthy that Article 217 of Constitution of India allows a judge of the High Court to resign from his office at any time, and the relevant provision is reproduced as under:
“217. Appointment and conditions of the office of a Judge of a High Court.—(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty-two years:
(a) a Judge may, by writing under his hand addressed to the President, resign his office; …”.
It is pertinent to point out that Justice G.P. Mittal had joined the Delhi Judicial Services on 20th May, 1977, as Metropolitan Magistrate. He was promoted to Delhi Higher Judicial Service in the year 1996. Thereafter, he was appointed as Principal Secretary (Law & Justice), Government of NCT of Delhi in January, 2008.
He was appointed as District & Sessions Judge, Delhi / Rent Control Tribunal, Delhi in May, 2009. He was elevated as an Additional Judge of Delhi High Court on 29th October, 2010. Justice Mittal was a Gold Medallist in LLB, from Kurukshetra University, Kurukshetra.