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

The Punjab and Haryana High Court on Thursday ordered the reinstatement of a judicial officer whose services were terminated on the recommendations of its full court in 2022 [Prem Kumar vs Punjab and Haryana High Court and another]..The Division Bench of Chief Justice Sheel Nagu and Justice Sudhir Singh allowed Additional District and Sessions Judge Prem Kumar’s plea challenging his termination and directed that he be reinstated with immediate effect and with all consequential benefits..Kumar in 2014 had been accused of getting a false rape case registered in 2012 against a man in connivance with a woman he was then representing as a lawyer.Later, he was given ‘B+ Good’ grading in the Annual Confidential Report (ACR) for the year 2014-15 and in the integrity column, it was mentioned - ‘Good, subject to the outcome of the pending complaint’..After a preliminary enquiry, the High Court’s OSD Vigilance (Haryana) in May 2016 concluded that Kumar, while representing the woman as an advocate, had approached the defence counsel and brother of accused for settlement of the case in lieu of money. The same was found to be an act of professional misconduct. This led to him being graded ‘C (integrity doubtful)’ in the ACR for 2015-16..In 2019, he was informed that proceedings in the 2014 complaint was being dropped on the recommendations of the Vigilance/Disciplinary Committee. He was advised to be careful in future and his ACR for 2014-15 was also confirmed as ‘B+ Good’.However, the ACR for 2015-16 was finalized as ‘C-Integrity Doubtful'. Consequently, his judicial work was withdrawn and the State of Punjab terminated him on the recommendation of the full court. .In the judgment passed on January 16, the Bench found that Kumar had been graded as ‘C (Integrity Doubtful) on the basis of the OSD Vigilance's finding that his actions as lawyer amounted to professional misconduct.The Court said that OSD Vigilance had given the finding while looking into the same complaint proceedings of which were later dropped on recommendations of the Vigilance/Disciplinary Committee. .The same complaint was the basis for recording of Kumar’s grading as ‘C-Integrity Doubtful’ in 2015-16, it noted.“There is nothing on record except the aforesaid complaint to infer that the integrity of the petitioner was doubtful due to any extraneous consideration or otherwise,” the Court added..Further, the Bench found that when action was recommended against Kumar, it was not noted that proceedings on the 2014 complaint had already been dropped, leading to him being graded as ‘B+ Good’ for 2014-15.“Therefore, applying the same ratio which was made basis for treating the provisional remarks recorded in the ACR for the year 2014-15 as final, the remarks recorded in the ACR for the year 2015-16 do not hold the ground, therefore, there being no material except the aforesaid complaint of said Pawan Kumar, the proceedings wherein were dropped, the said remarks could not have been made the basis for dispensing with the services of the petitioners,” it said..Therefore, the Court also quashed the adverse grading of 2015-16 and held that Kumar shall be considered to have cleared his probation period on April 18 in 2017."The respondents are directed to upgrade the ACR of the petitioner for the year 2015-16 at least at par with the ACR for the year 2014-15, and to reinstate the petitioner in service with immediate effect with all consequential benefits," it ordered..Advocates Dr. Pankaj Nanhera, Rahul Gautam and Yogesh Vashista represented the petitioner.Advocate Divya Sharma represented the High Court.Senior Deputy Advocate General Salil Sabhlok represented the State of Punjab..[Read Judgment]