The Punjab and Haryana High Court has ordered the reinstatement of an Additional District and Sessions Judge, who was dismissed in March 2022 during his probation due to “doubtful integrity.”
The petitioner, Prem Kumar, challenged the dismissal and sought the cancellation of the orders from April 18 and April 20, 2022, which terminated his services. He also requested the quashing of his Annual Confidential Report (ACR) for 2015-16, the rejection of his representation in December 2021, and the withdrawal of his judicial duties in March 2022.
A division bench of Chief Justice Sheel Nagu and Justice Sudhir Singh ruled in favour of the petitioner, directing the authorities to upgrade his ACR for 2015-16 and reinstate him with immediate effect, along with all the benefits.
The case dates back to 2012 when the petitioner, practicing as a lawyer, was accused of colluding with a woman to file a false rape FIR against someone. In his ACR for 2014-15, he was given a “B+ Good” grade, but with a note stating his integrity was "good, subject to the outcome of the pending complaint."
After an inquiry, the High Court’s OSD (Vigilance) in Haryana concluded in May 2016 that the petitioner’s actions were a violation of professional conduct. As a result, his ACR for 2015-16 was marked as “C (Integrity Doubtful).”
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However, in 2019, it was decided that the proceedings on the 2014 complaint would be dropped, and he was advised to be more cautious in the future. His ACR for 2014-15 was confirmed as “B+ Good,” but his 2015-16 ACR remained with the “C” grade, leading to the withdrawal of his judicial work and eventual termination by the Punjab government.
Upon reviewing the case, the High Court noted there was no evidence beyond the complaint to suggest the petitioner’s integrity was questionable.
The court observed that the full court's decision in 2021 and the recommendations made in 2022 failed to account for the dropping of proceedings in the complaint and the finalization of the petitioner’s 2014-15 ACR as “B+ Good.”
Therefore, the court ruled that the remarks made in the 2015-16 ACR were not valid and reinstated the petitioner, stating there was no material to justify the original decision.
This ruling has significant implications for judicial officer misconduct cases in Punjab and Haryana.
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