A Division Bench comprising Chief Justice Sheel Nagu and Justice Sudhir Singh directed the immediate reinstatement of Additional District and Sessions Judge Prem Kumar. Alongside his reinstatement, Kumar was granted all associated benefits, overturning the 2022 termination recommended by the High Court’s full court.
The origins of the case date back to 2014 when Kumar was accused of collaborating with a client to file a false rape complaint in 2012. This accusation led to a cascade of professional consequences, including a preliminary inquiry by the High Court’s vigilance team in 2016. The inquiry alleged that Kumar, while acting as an advocate, sought a monetary settlement from the accused party in the case—a move deemed professional misconduct.
Subsequently, Kumar’s integrity rating was downgraded to “C (Integrity Doubtful)” in his 2015-16 Annual Confidential Report (ACR). Despite this, the same complaint proceedings were dropped in 2019 upon the recommendation of the Vigilance and Disciplinary Committee, and his 2014-15 ACR was confirmed as “B+ Good.”
However, the adverse 2015-16 grading remained, eventually serving as the basis for his termination. The High Court’s latest judgment noted that no evidence beyond the initial complaint supported the doubts about Kumar’s integrity. Furthermore, it emphasized that the prior resolution of the complaint should have precluded its use to justify punitive actions against him.
“The remarks recorded in the ACR for the year 2015-16 do not hold ground,” the Bench observed, highlighting procedural oversights that led to the termination. The Court ordered the upgrading of Kumar’s 2015-16 ACR to align with his 2014-15 grading and recognized him as having completed his probation in 2017.
This decision paves the way for Kumar’s professional restoration, marking a significant moment in his judicial career. The ruling underscores the importance of procedural fairness in disciplinary actions within the legal fraternity.
