Supreme Court Directs Compulsory Retirement Of Judicial Officer; Says Solitary Remark About Lack Of Integrity Sufficient

The Supreme Court observed that solitary remark regarding lack of integrity is sufficient to order compulsory retirement of a Judicial Officer.

The bench of Justices AM Khanwilkar and Sanjiv Khanna set aside a Rajasthan High Court judgment which directed reinstatement of a judicial officer who was compulsorily retired.

A judicial officer was compulsorily retired from Rajasthan Higher Judicial Services upon attaining the age of 50 years. The order was passed on the basis of recommendation made by the Administrative Committee which commended to the Full Court of the High Court. However, allowing the writ petition filed by the judicial officer, the High Court, on its judicial side, set aside the order of compulsory retirement, and consequently directed his reinstatement in service with all consequential benefits.

The High Court's administrative side filed appeal in the Supreme Court against the said order of its own judicial side. The issue was whether it was open to the High Court to substitute its view for the one recorded by the Administrative Committee, which commended to the Full Court of the High Court, pursuant to which the order of compulsory retirement came to be issued?

"Indeed, the High Court on judicial side could have done so, if it found that there was absolutely no record or material whatsoever as referred to in the recommendations made by the Administrative Committee, or that the Committee relied on irrelevant material, or that apposite material was overlooked and discarded. Further, the High Court's view would have been acceptable if it found patent illegality, breach of procedure causing prejudice to respondent no.1, or imposition of a gravely disproportionate measure", the court observed.

The court noticed that the Administrative Committee, in its Report, had adverted to the entire service record, including the pending disciplinary enquiry regarding integrity of the judicial officer.

"It is settled position in law that the competent authority is supposed to consider the entire service record of the judicial officer and even if there is a solitary remark of lack and breach of integrity, that may be sufficient for a Judicial Officer to be compulsory retired as expounded in Tarak Singh Vs. Jyoti Basu reported in (2005) 1 SCC 201. The High Court took notice of this judgment, but still ventured to examine the entire record by itself, overlooking the thorough examination conducted by the Administrative Committee, which was affirmed and commended to the Full Court.", the court said.

The court said that it was not open to the High Court to substitute its own view for the satisfaction arrived at by the Full Court of the High Court regarding the necessity or otherwise of the judicial officer continuing in the Rajasthan Higher Judicial Services. It was also not open to the High Court to re-write the annual confidential reports by taking over the role of  inspecting or confirming authority, the court said.

"Suffice it to note that the disciplinary enquiry was pending against respondent no.1 which raised questions about his integrity. Past service record of respondent no. 1 was found to be sub-par and short of the exacting standard expected from a judicial officer. It is also noticed from the record that the disciplinary enquiry came to be dropped in lieu of compulsory retirement of respondent no.1. That was a composite recommendation made by the Administrative Committee and commended to the Full Court of the High Court. The two being inseparable, and the solitary remark about integrity with the service record being sufficient in law to proceed against the judicial officer, we fail to comprehend as to how the conclusion reached by the competent authority can be said to be arbitrary or manifestly wrong.", the bench said while allowing the appeal.

Case: High Court of Judicature of Rajasthan vs. Bhanwar Lal Lamror ; CA 7697 OF 2014
Citation: LL 2021 SC 405
Coram: Justices AM Khanwilkar and Sanjiv Khanna

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