‘No allegation of lack of integrity against

Urging the court to call for the service file of Deshpande and also the file showing records of reasons for not confirming him as a judge of the High Court,Patil stated,“If the service record of the judge had been good then he would have been made permanent.”

Patil had relied on a judgment of the Supreme Court passed in 2009 that had quashed the appointment of a judge of the Madras High Court who was not confirmed but still appointed as the presiding officer in the State Consumer Disputes Redressal Commission. Additional Solicitor General DJ Khambata,however,said that in that case,there were allegations of lack of probity against that judge which would not be the same in case of Justice Deshpande.

“We have seen the record and the file indicates that there is not even an allegation of lack of integrity against Justice Deshpande,” Justice DY Chandrachud said.

The court asked Patil if he still wanted to pursue his petition. “We are all concerned. Lack of probity would have been the worst thing but when there is no such allegation do you still want to press your petition?” Justice Ranjana Desai asked Patil.

Patil said that there was no personal agenda behind his litigation and if the court decides the case it may help the legal fraternity in the future.