Punjab & Haryana High Court orders reinstatement of judge removed for misconduct when he was lawyer

The Punjab and Haryana High Court has directed the reinstatement of an Additional District and Sessions Judge, Prem Kumar, who was dismissed from service in March 2022 during his probation period due to allegations of “doubtful integrity.” The court also ordered that his Annual Confidential Report (ACR) for the year 2015-16 be upgraded.

Case Background:

Prem Kumar, the petitioner, filed a plea in the high court seeking:

• Quashing of the orders dated April 18, 2022, and April 20, 2022, through which his services were terminated.
• Setting aside of the ACR for the year 2015-16.
• Quashing of the order dated December 3, 2021, rejecting his representation against the adverse remarks in his ACR.
• Nullifying the order dated March 7, 2022, which withdrew judicial work from him.

High Court's Ruling:

A division bench comprising Chief Justice Sheel Nagu and Justice Sudhir Singh issued the following directives:

1. The ACR for the year 2015-16 of the petitioner must be upgraded.
2. Prem Kumar must be reinstated in service immediately with all consequential benefits.

Allegations and Adverse Remarks:

• It was alleged that while Prem Kumar was practicing as a lawyer in 2012, he had connived with a woman to file a false rape FIR against a person. This allegation raised questions about his integrity.
• For the year 2014-15, he was given a grading of ‘B+ Good’ in the ACR. However, in the integrity column, it was noted: “Good, subject to the outcome of the pending complaint.”

This ruling from the high court serves as a significant judgment in favor of the petitioner, providing relief from the adverse remarks and restoring his position as a judicial officer.