The Punjab and Haryana High Court has ordered the reinstatement of a judge who was removed for alleged misconduct during his time as a lawyer

Case Overview:
The Punjab and Haryana High Court ordered the reinstatement of Additional District and Sessions Judge Prem Kumar, whose services were terminated in 2022. The termination was based on allegations of professional misconduct stemming from his time as a lawyer. The adverse grading in his 2015-16 Annual Confidential Report (ACR), marking his integrity as "doubtful," played a key role in his removal. However, the High Court found this grading unjustified, as the complaint underlying the adverse entry had been dropped in 2019.

Court Analysis:
The Bench carefully reviewed the circumstances leading to the adverse grading in the 2015-16 ACR. It observed:

1. The adverse remark regarding "doubtful integrity" was based on a complaint that had already been closed without adverse findings.

2. Prem Kumar had demonstrated satisfactory performance during his tenure, with his ACR for 2014-15 reflecting a favorable assessment.

3. The grading process failed to account for the closure of the complaint and relied on outdated and unsubstantiated allegations, resulting in procedural unfairness.

4. Judgment:

   1. Quashing of Adverse Grading: The Court quashed the "doubtful integrity" grading in Prem Kumar's 2015-16 ACR, holding it to be unjustified and procedurally flawed.

   2. Upgraded ACR: The Court directed that Prem Kumar's 2015-16 ACR be upgraded to align with his favorable 2014-15 rating.

   3. Reinstatement: Prem Kumar was ordered to be reinstated with immediate effect, with his probation period deemed cleared as of April 2017.