In 2009, a complaint had been made against the judicial officer by his wife, who was also a judge.
The Punjab and Haryana High Court recently ordered the reinstatement of a judge who was removed after a complaint by his ex-wife, who is also a judge in Delhi, in the case [Peeyush Gakhar vs High Court of Punjab and Haryana and Another].
After the wife’s complaint, the Administrative Judge in 2009 had indicted judge Peeyush Gakhar on various counts, stating his conduct was “unbecoming of a judicial officer and he is a person of depraved nature and has taken undue advantage of a lady on one pretext or the other”.
In 2010, his services were terminated based on the recommendations of the full court. He later challenged this decision in the High Court.
In a judgment delivered on January 17, the Division Bench, led by Chief Justice Sheel Nagu and Justice Anil Kshetarpal, said that Gakhar’s removal was based on a complaint from his wife and the report of the Administrative Judge.
The Court found several mistakes in the process of removing the judge, especially pointing out that the principles of natural justice were not followed.
“The relevant Committee has also in its proceedings recorded on 10.12.2009, has relied upon the report of the Administrative Judge. It is evident that petitioner was never issued any charge sheet. He claims that he was not even supplied copy of the complaint or the statement of his former wife recorded by the Registrar General. He was called in the office of the Registrar General and was asked to give his response there and then,” it said.
The Court also observed that in the Annual Confidential Reports for the years 2007-2008 and 2008-2009, Gakhar was rated as a ‘Good Officer’.
“The District Judge also rated the petitioner as a ‘Good Officer’. The report of Administrative Judge with regard to work and conduct of the petitioner is also without granting him an opportunity of being heard. Substantially, it can be concluded, the report of the Administrative Judge is based on the complaint filed by the petitioner’s former wife. Thus, it is evident that the petitioner was deprived of the fair opportunity to defend himself,” it added.
As a result, the Court ordered Gakhar’s reinstatement with continuity of service, back wages, and seniority.
“However, the respondent shall have the liberty to initiate disciplinary proceedings, if so advised,” it further said.
Background
Gakhar joined the judicial service in 2006 and got engaged to his batch mate, who was also a civil judge. However, their engagement was later broken off.
They eventually married in 2009. At that time, she was selected for the Delhi Judicial Services and resigned from the Haryana Civil Service (Judicial).
In 2009, she filed a complaint against Gakhar. The Administrative Judge tried to help them resolve the issue, but it didn’t work out.
The report from the Administrative Judge to the High Court included negative comments about Gakhar’s performance, leading to his recommendation for removal.
The couple later got their marriage annulled in 2012.