
Punjab & Haryana High Court Directs Reinstatement Of Judge Who Was Expelled Over Alleged Misconduct Committed As A Lawyer
Live LawThe Punjab & Haryana High Court has directed to reinstate an additional and sessions judge with consequential benefit, who was dispensed from service during the probation period on account of "doubtful integrity". On the basis of a complaint made against the judge, in the Annual Confidential Report for the year 2015-16 recorded by the then Administrative Judge, the OSD Haryana in his preliminary enquiry report had concluded that the acts and conduct of the judge, when he was practicing as an Advocate amounts to professional misconduct. Speaking for the bench Justice Sudhir Singh highlighted that the Full Court decision passed in 2021 and the recommendations of the Recruitment and Promotion Committee made in 2022, approved by the Full Court in 2022, did not notice the dropping of the proceedings in the complaint filed and treated the ACR of the petitioner as 'B+Good' as final, for the year 2014-15. After examining the submissions, the Court rejected the argument representing the High Court that the integrity doubtful recorded in ACR, was not merely based on the complaint stating that the argument "is not tenable in the eyes of law as there is nothing on record except the aforesaid complaint which was admittedly dropped later on, to indicate that the integrity of the petitioner was doubtful."
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