“Single Adverse Remark Against Judge, Doubtful Integrity Enough For His Compulsory Retirement”: Guj HC

Gujarat High Court

The Gujarat High Court has ruled that judges must embody the highest standards of honesty and morality, observing that even a single adverse entry in service records or mere suspicion over a judge’s integrity is sufficient grounds for compulsory retirement.

A division bench of Justices A.S. Supehia and L.S. Pirzada dismissed a plea filed by J.K. Acharya, a former ad hoc sessions judge, who was among 18 judicial officers compulsorily retired in November 2016 after a performance review.

Challenging his retirement, Acharya argued that the decision was arbitrary. However, the bench held that the action was valid, noting: “A single uncommunicated adverse remark in the entire service record, or a doubtful integrity, is enough to retire a judicial officer compulsorily in the public interest.”

The judges clarified that compulsory retirement is not punitive in nature and therefore does not require issuing a show-cause notice.

The bench emphasized that such decisions are taken by the High Court’s full court, which reflects the collective judgment of all judges after detailed scrutiny at several levels. Judicial review, it said, is limited and available only on “very restricted grounds.”

The court also rejected the argument that past promotions or higher pay scales protect a judge from premature retirement. “Any promotion or grant of a higher pay-scale/selection grade cannot have any impact on the order of compulsory retirement,” the bench said.

Integrity Beyond Proof

In an important clarification, the order stated that questionable integrity may not always be provable with concrete evidence. “Sometimes it would be very difficult to gather material evidence to prove doubtful integrity and make it part of the record,” the bench observed, adding that it would be impracticable for reporting officers to always provide specific, documented instances.

Standards Expected From Judges

Reiterating principles earlier laid down by the Supreme Court, the High Court said the position of a judge carries an expectation of flawless character. “The office that a judge holds is an office of public trust. A judge must be a person of impeccable integrity and unimpeachable independence. He must be honest to the core with high moral values… For a democracy to thrive and rule of law to survive, every judge must discharge his duties with integrity, impartiality and intellectual honesty,” the order stated.

The bench further added that any breach of these values may trigger either disciplinary proceedings or compulsory retirement, depending on the severity.