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Gujarat High Court: The Gujarat High Court has called upon judges to be honest with high moral values.
Gujarat High Court: The Gujarat High Court has called upon the judges to be honest with high moral values. It is said that in the entire service record of a judge, a single adverse comment against him or his honesty is a sufficient basis for his compulsory retirement. A bench of Justice AS Supehia and Justice LS Pirzada said in its order on Tuesday that it is also not necessary to issue a show cause notice to such judicial officer as compulsory retirement in public interest is not similar to punishment. Petitioner JK Acharya, who is a ad hoc Sessions Judge and who was compulsorily retired with 17 other sessions judges by the full court of the High Court, rejected the arguments. The High Court also said that every judge should discharge his judicial duties with honesty, impartiality and intellectual honesty as he holds the position of public faith.
Reason show notice is not necessary
A bench of the High Court said that a single incompatible adverse comment or suspected loyalty in the entire service record is sufficient to compulsorily retire a judicial officer in the public interest. The bench said that there is no need to issue a show cause notice to such judicial officer. The court said that a judge of the full court of the High Court can essentially retire a judicial officer even if there is no concrete evidence against him on the basis of his general reputation. The judicial review of such an order is acceptable only on very limited grounds. Acharya was compulsorily retired along with 17 other sessions judges to retiring judges between the ages of 50 and 55, who were not found to be satisfactory as part of the High Court policy. Acharya had also challenged the action of the state government and the governor in implementing it along with this decision.
Judge is the post of public faith
The court said that there is no punishment for compulsory/pre -retirement in the interest of public interest or administration. The court said that we would like to reiterate that sometimes it is very difficult to gather solid or material evidence to prove suspicious loyalty and make it a part of the record. Citing a decision of the Supreme Court, the order underlined the high moral standards expected from the judges. Said that the post on which a judge is held is the post of public faith. A judge should be a person with imperishable loyalty and undisputed freedom. He should be basically honest with high moral values. The judicial system and judicial process will have to be strengthened to flourish and keep the rule of law alive. Each judge will have to discharge his judicial functions with loyalty, fairness and intellectual honesty.
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