Punjab and Haryana HC orders reinstatement of judicial officer sacked over ‘doubtful integrity’

The bench of Chief Justice Sheel Nagu and Justice Sudhir Singh allowed the petition of former judge Prem Kumar, dismissed by the Punjab and Haryana HC.

The Punjab and Haryana high court has ordered the reinstatement of a Punjab judicial officer, sacked in April 2022 over ‘doubtful integrity’.

Punjab and Haryana HC orders reinstatement of judicial officer sacked over ‘doubtful integrity

The bench of chief justice Sheel Nagu and justice Sudhir Singh allowed the petition of former additional district and sessions judge Prem Kumar who was ordered to be dismissed by the full court of Punjab and Haryana high court on April 19, 2022.

Kumar was appointed as an additional district and sessions judge in April 2014. A complaint was received against him in December 2014 alleging that he approached the brother of a rape accused for settlement in the rape case and also received ₹1.5 lakh.

The matter was probed by vigilance cell, and in 2016, it concluded that ‘his act amounted to professional misconduct’. He was held guilty by the enquiry officer, who recorded that he (Prem Kumar) was not fit to be retained in service. In his ACR for the year 2015-16, his grading was recorded as ‘integrity doubtful’, which later in 2022 became the basis for his dismissal from service.

As per the proceedings, the vigilance proceedings were dropped in 2019 by the then chief justice and he was advised to be careful in future. However, in 2021, the full court did not notice that proceedings had been dropped against the officer and approved the 2015-16 ACR of ‘integrity doubtful’, which later became the basis for his termination in April 2022. It also did not take into account his grading for the period 2014-15, when he was graded ‘B+ Good’.

The court, while quashing his termination order and the decision of the full court, observed that there was no other material against the officer except one complaint.

The remarks of 2015-16 (approved in 2021 by the full court) could not have been made when in 2019, proceedings were dropped against the officer by the then chief justice, and his grading of ‘integrity doubtful’ was recorded merely on account of the December 2014 complaint.