The Punjab and Haryana High Court recently ordered reinstatement of a judicial officer who was removed following a complaint by his former wife, also a judge in Delhi [Peeyush Gakhar vs High Court of Punjab and Haryana and another]..After the wife’s complaint, the Administrative Judge in 2009 had indicted judge Peeyush Gakhar on various counts, stating his conduct was “unbecoming of a judicial officer and he is a person of depraved nature and has taken undue advantage of a lady on one pretext or the other”.Following recommendations of the full court, his services were dispensed with in 2010. He then challenged the same before the High Court..In a judgment pronounced on January 17, the Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal said the foundation of the order dispensing with Gakhar’s service was a complaint filed by his wife and the report of the Administrative Judge. The Court found various procedural violations in the decision to remove the judicial officer. Particularly, the Court flagged the violation of principles of natural justice.“The relevant Committee has also in its proceedings recorded on 10.12.2009, has relied upon the report of the Administrative Judge. It is evident that petitioner was never issued any charge sheet. He claims that he was not even supplied copy of the complaint or the statement of his former wife recorded by the Registrar General. He was called in the office of the Registrar General and was asked to give his response there and then,” it said..Further, the Court noted that in the Annual Confidential Reports with respect to years 2007-2008 and 2008-2009, Gakhar was rated as 'Good Officer'."The District Judge also rated the petitioner as a 'Good Officer'. The report of Administrative Judge with regard to work and conduct of the petitioner is also without granting him an opportunity of being heard. Substantially, it can be concluded, the report of the Administrative Judge is based on the complaint filed by the petitioner's former wife. Thus, it is evident that the petitioner was deprived of the fair opportunity to defend himself,” it added..Accordingly, the Court ordered Gakhar’s reinstatement with continuity of service, back wages and seniority.“However, the respondent shall have the liberty to initiate disciplinary proceedings, if so advised,” it further said..Background.Gakhar had joined the entry level judicial service in 2006. He was engaged to his batch mate who was also a civil judge. Subsequently, the engagement broke. However, they later got married in 2009. Meanwhile, she was selected to the Delhi Judicial Services and resigned from the Haryana Civil Service (Judicial).She later filed a complaint against Gakhar in 2009. The Administrative Judge made efforts to reconcile the dispute between the two but without any positive result. Since the Administrative Judge in the report to the High Court had made adverse comments on Gakhar’s work, he was recommended to be removed. Pertinently, the couple got a decree of annulment of marriage in 2012..Senior Advocate Rajiv Atma Ram with advocates Brijesh Khosla and Shreya Kaushik represented the petitioner.Advocate Ashok K Bhardwaj represented the High Court. Additional Advocate General Naveen S Bhadwaj represented the State of Haryana.[Read Judgment]
