The Punjab and Haryana High Court has reinstated Prem Kumar, a former additional district and sessions judge, who was dismissed in April 2022 on grounds of ‘doubtful integrity’. The bench, comprising Chief Justice Sheel Nagu and Justice Sudhir Singh, quashed the termination order, citing procedural lapses and lack of substantial evidence.
Background of the Case
Prem Kumar was appointed as an additional district and sessions judge in April 2014. A complaint lodged in December 2014 accused him of approaching the brother of a rape accused to negotiate a settlement in the case, allegedly accepting ₹1.5 lakh. This led to a vigilance probe, which in 2016 concluded that his actions constituted professional misconduct. The enquiry officer deemed him unfit for service, and his Annual Confidential Report (ACR) for 2015-16 labeled his integrity as ‘doubtful’.
- December 2014: Complaint received against Prem Kumar alleging misconduct.
- 2016: Vigilance probe concludes professional misconduct, but proceedings are dropped in 2019.
- 2021: Full court overlooked the dropped proceedings and approved the 2015-16 ACR rating of ‘integrity doubtful’.
- April 2022: Prem Kumar dismissed based on the 2015-16 ACR and the complaint.
Court’s Observations
The court noted procedural inconsistencies in the dismissal:
- Dropped Proceedings: In 2019, the then Chief Justice dropped vigilance proceedings, advising Prem Kumar to exercise caution in the future. This critical development was ignored in 2021 when the full court reviewed his ACR.
- Past Performance Overlooked: Prem Kumar’s ACR for 2014-15 rated him as ‘B+ Good’. This favorable assessment was disregarded during the dismissal decision.
- Insufficient Evidence: The termination was based solely on a single complaint from 2014, without corroborating material.
Decision and Impact
The High Court quashed the termination order and the full court’s 2021 decision, observing that the adverse remarks for 2015-16 could not stand when the proceedings were already dropped in 2019. The bench emphasized the need for due process and a comprehensive evaluation of all relevant facts in such matters.
This landmark judgment underscores the importance of fairness and procedural integrity in administrative actions against judicial officers. By reinstating Prem Kumar, the Punjab and Haryana High Court has highlighted the need for thorough scrutiny of evidence and a balanced approach when dealing with complaints that could tarnish a professional’s reputation.
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