{"id":339645,"date":"2025-01-23T17:30:34","date_gmt":"2025-01-23T12:00:34","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=339645"},"modified":"2025-01-29T14:33:26","modified_gmt":"2025-01-29T09:03:26","slug":"punjab-haryana-hc-orders-reinstatement-judge-dispensed-with-service-after-wife-complaint","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/01\/23\/punjab-haryana-hc-orders-reinstatement-judge-dispensed-with-service-after-wife-complaint\/","title":{"rendered":"Punjab and Haryana HC orders reinstatement of a Judge dispensed with service after complaint by his former wife"},"content":{"rendered":"
\n

Punjab and Haryana High Court:<\/span> In a civil writ petition filed by a Judge seeking to quash his dismissal from Haryana Civil Services (‘HCS’) (Judicial Branch) and withdrawal of judicial work from him, the Division Bench of Sheel Nagu*<\/span>, CJ., and Anil Kshetarpal<\/span>*, J., allowed the petition holding that the petitioner was deprived of the fair opportunity to defend himself and directed his reinstatement with continuity of service, back wages, and seniority.<\/p>\n

Background<\/h3>\n

The petitioner was a Judge appointed by HCS (Judicial Branch) who was married to a Civil Judge (Junior Division). Due to a strained relationship between the couple, the petitioner’s former wife made a complaint to an Administrative Judge. The Administrative Judge attempted to reconcile the dispute between the couple, but it was futile. Subsequently, a report was submitted by the Administrative Judge wherein the petitioner was indicted on various counts. It was concluded that his conduct was unbecoming of a judicial officer as he was a person of a depraved nature and had taken undue advantage of a lady. Additionally, adverse comments were made about the petitioner’s work.<\/p>\n

The report submitted by the Administrative Judge was considered by the Review of Work and Conduct of Probationary Judicial Officer Committee (‘the Committee’). The Committee recommended termination of the petitioner’s services. Pending adjudication by the Full Court, the petitioner submitted his resignation to the Registrar General, which he later withdrew, with a caveat that he was not granted a proper opportunity to be heard and not supplied with documents that were relied upon by the High Court. Subsequently, his judicial work was withdrawn from him by the Administrative Judge vide the impugned order.<\/p>\n

The Full Court concluded that since the petitioner’s work and conduct as a Judicial Officer were not satisfactory, his services should be dispensed. Accordingly, the Haryana Government issued the impugned order dispensing with the petitioner’s service. Aggrieved, the present writ petition was filed.<\/p>\n

Analysis<\/h3>\n

The Court stated that evidently, the foundation of the impugned order dispensing with the petitioner’s service was the complaint filed by his former wife and the report submitted by the Administrative Judge. The Committee had also relied upon the report of the Administrative Judge. The Court noted that the petitioner was never issued any charge sheet.<\/p>\n

The Court further noted that in the Annual Confidential Reports of the petitioner for the years 2007-2008 and 2008-2009, the petitioner was rated as a ‘Good Officer’. Similarly, the District Judge also rated the petitioner as a ‘Good Officer’. The Court stated that the Administrative Judge’s report regarding the work and conduct of the petitioner was submitted without granting him an opportunity to be heard.<\/p>\n

The Court held that the report of the Administrative Judge was based on the complaint filed by the petitioner’s former wife. Thus, it was evident that the petitioner was deprived of the fair opportunity to defend himself.<\/p>\n

Holding the aforesaid, the Court allowed the writ petition and directed reinstatement of the petitioner with continuity of service, back wages, and seniority. However, the respondent would have the liberty to initiate disciplinary proceedings.<\/p>\n

[Peeyush Gakhar v. High Court of Punjab and Haryana, 2025 SCC OnLine P&H 248<\/a>, decided on 17-01-2025<\/span>]<\/p>\n

*Judgment authored by Justice Anil Kshetarpal<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case:<\/p>\n

For the petitioner:<\/span> Senior Advocate Rajiv Atma Ram, Brijesh Khosla, Shreya Kaushik,<\/p>\n

For the respondents:<\/span> Ashok K. Bhardwaj and Additional Advocate General Naveen S. Bhardwaj<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The Court noted that the report of Administrative Judge with regard to work and conduct of the petitioner was also without granting him an opportunity of being heard.<\/p>\n","protected":false},"author":67011,"featured_media":314970,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[77830,70941,14371,77832,77833,77831,77834,10101,77829,75265,77835,2670],"class_list":["post-339645","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-administrative-judge","tag-chief-justice-sheel-nagu","tag-disciplinary-proceedings","tag-dispensing-from-service","tag-haryana-civil-services","tag-improper-dismissal","tag-judge-dismissed-on-wifes-complaint","tag-judicial-officer","tag-judicial-officer-committee","tag-justice-anil-kshetarpal","tag-peeyush-gakhar","tag-Punjab_and_Haryana_High_Court"],"yoast_head":"\nPunjab and Haryana HC orders reinstatement of Judge dispensed with service after wife's complaint | SCC Times<\/title>\n<meta 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In 2019, he had sought modification of marks obtained in the mains examination and eventually to be called for viva-voce.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"P&H HC disposes plea of 2016 Civil Judge exam candidate","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/PH-HC-disposes-plea-of-2016-Civil-Judge-exam-candidate.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/PH-HC-disposes-plea-of-2016-Civil-Judge-exam-candidate.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/PH-HC-disposes-plea-of-2016-Civil-Judge-exam-candidate.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/08\/PH-HC-disposes-plea-of-2016-Civil-Judge-exam-candidate.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":340941,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/02\/10\/punjab-haryana-hc-directs-appointment-civil-judge-candidate-failed-due-to-being-deprived-2-5-marks\/","url_meta":{"origin":339645,"position":3},"title":"P&H HC directs appointment of Civil Judge candidate who failed after being deprived of 2.5 marks despite writing correct answer","author":"Editor","date":"February 10, 2025","format":false,"excerpt":"The petitioner answered the question correctly but was not awarded marks, even though other candidates were awarded marks for the same answer.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Punjab and Haryana High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":339422,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/01\/20\/punjab-and-haryana-hc-denies-relief-judiciary-aspirant-failed-by-6-75-marks\/","url_meta":{"origin":339645,"position":4},"title":"\u2018Limit of 15% marks in viva voce can be exceeded in judiciary exams\u2019; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks","author":"Editor","date":"January 20, 2025","format":false,"excerpt":"\u201cIn matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Punjab and Haryana High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Punjab-and-Haryana-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":361850,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/09\/27\/minimum-50-marks-in-superior-judicial-service-exam-not-arbitrary-ph-hc\/","url_meta":{"origin":339645,"position":5},"title":"Criteria of securing minimum 50% marks in Punjab and Haryana Superior Judicial Service examination not arbitrary: Punjab and Haryana High Court","author":"Editor","date":"September 27, 2025","format":false,"excerpt":"\u201cIt is open to the High Court to prescribe the criteria including cut off marks and \u2018minimum marks qualification\u2019 as has been envisaged in clause 8.4 of the notifications to assess the merit and suitability of the candidates to perform the sacrosanct duties of Judicial Officer.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"50% marks in Superior Judicial Service Exam","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/50-marks-in-Superior-Judicial-Service-Exam.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/50-marks-in-Superior-Judicial-Service-Exam.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/50-marks-in-Superior-Judicial-Service-Exam.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/50-marks-in-Superior-Judicial-Service-Exam.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/339645","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=339645"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/339645\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/314970"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=339645"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=339645"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=339645"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}