A judicial career spanning three decades, rated with “good” and “very good” marks, was abruptly derailed in 2011. The Punjab and Haryana High Court has now undone that blow, calling out one of its own former judges for remarks that triggered the compulsory retirement of District & Sessions Judge Dr. Shiva Sharma.
A Bench led by Chief Justice Sheel Nagu and Justice Sanjiv Berry did not mince words. The judges found that the negative entries made against Sharma during the final months of the 2010–2011 appraisal cycle had no basis in complaints, inquiries, or verified evidence. Instead, the remarks were built on “unsubstantiated material,” leaving the Bench to declare that no person of ordinary prudence could have arrived at such a conclusion.
Sharma, who entered judicial service in 1981, was branded a “doubtful integrity” officer by then-Administrative Judge Alok Singh. Singh wrote that Sharma had one of the worst reputations and accused him of bias in appraising subordinates. These words slashed through a spotless 30-year record, reducing his rating from “Very Good” to “C.” On that basis, the High Court recommended compulsory retirement at the age of 58.
The latest judgment, delivered on September 15, dismantled this narrative. The Bench noted that Justice Singh bypassed the more transparent route of seeking an inquiry or response from Sharma. Instead, a “short-cut” was adopted, one that the Court said carried a clear taint of “malafide in law.”
The order also highlighted the absurdity: a man with unblemished service could not suddenly transform into an officer of “doubtful integrity” overnight. Even earlier adverse remarks, rendered meaningless once Sharma was promoted, were dredged up against him.
Finding this unjust, the Court quashed the 2011 compulsory retirement and directed restoration of Sharma’s service benefits. He is entitled to notional seniority, revised pension, and arrears of pension, though without back wages for the years he remained out of office.
Justice Alok Singh, whose remarks have now been struck down, had a circuitous judicial career, serving in multiple High Courts between 2009 and 2020 before his retirement.
For Sharma, however, the ruling marks a belated vindication: a judicial life wrongfully cut short has now been judicially revived.
