High Court dismisses Plea of Judge For Recalling Order of His Compulsory Retirement

High Court dismisses Plea of Judge For Recalling Order of His Compulsory Retirement

The Punjab and Haryana High Court (HC) dismissed the petition filed by Haryana superior judicial service officer Ved Pal Gupta (Petitioner) against an order of his compulsory retirement by HC Administration

A division bench of the HC comprising Justices Augustine George Masih and Ashok Kumar Verma dismissed the petition filed by the petitioner for questioning the HC administration's decision.

On 30 September 1987, the petitioner was appointed as a judicial officer (HCS) and on 13 June 2001, he was promoted as a member of Haryana Superior judicial service. He alleged that he along with his wife had acquired/inherited and disposed of properties from 1990 to 2009 after obtaining permissions from the HC.

A note was prepared by the then joint registrar vigilance Haryana (later designated as OSD vigilance) on 10 February 2011. The note was regarding the immovable properties acquired by the petitioner. The Former Chief Justice (Ex- CJ) directed for a discreet inquiry in the matter and in pursuance thereto an interim report was prepared by the OSD vigilance Haryana on 17 August 2011.

In April 2012, a charge–sheet was issued against Gupta regarding the allegations.

In a report submitted by Justice Jaswant Singh on 24 April 2017, an inquiry was initiated against Gupta. According to the inquiry authority, the charges leveled against him were found to be proved.

On 29 July 2019, Gupta was called for a personal hearing before the vigilance/disciplinary committee, and a decision was taken to retire him compulsorily.

Gupta had sought directions for quashing the inquiry initiated against him on 24 April 2017 through which he was held guilty and for setting asidethe order dated 15 December 2020 through which his judicial work was withdrawn from him. He was charged for selling and purchasing immovable properties.

The petitioner had earlier approached the Supreme Court of India (SC) for seeking quashing of the decision however it was withdrawn with liberty to approach the HC.

The decision was made by the Full Court comprising of the Chief Justice and all the Judges of the HC on 12 December 2020. They had decided for the compulsorily retirement of Gupta, who was serving as the District and Sessions Judge in Haryana. Through the said order the HC administration had withdrawn the judicial work from him.

It was directed by the Chief Justice that the report of the Committee should be placed before the Full Court. On 14 December 2020, the decision of the Disciplinary Committee was accepted in the Full Court meeting. The recommendation was sent to the state government for implementation of the decision of the HC against the Judge.