In a significant ruling, the Allahabad High Court at Lucknow Bench has upheld the compulsory retirement of judicial officer Shobh Nath Singh, a Civil Judge (Senior Division), over concerns related to integrity and performance. The decision was delivered by a division bench comprising Justice Rajan Roy and Justice Subhash Vidyarthi, following a petition challenging the retirement order issued by the State Government on November 29, 2021.
Background of the Case
Shobh Nath Singh, who joined the Uttar Pradesh Judicial Services as an Additional Munsif in 2003 and was later promoted to Civil Judge (Senior Division) in 2008, was subjected to multiple adverse entries in his Annual Confidential Reports (ACRs) between 2009 and 2019. The petitioner was accused of dishonesty, corruption, and misconduct, which led to a series of departmental inquiries and adverse remarks in his service records.
In 2010-2011, adverse remarks were recorded against Singh, stating his integrity was “not certified,” citing multiple complaints of dishonesty. Despite his exoneration in two departmental inquiries in 2014 and 2020, fresh concerns about his conduct continued to surface, with additional adverse entries made in subsequent years (2017-2019). These entries questioned his integrity, judicial conduct, and administrative efficiency.
Legal Issues Involved
The primary legal issue revolved around whether the order for Singh’s compulsory retirement was arbitrary and violated the principles laid out in previous Supreme Court rulings regarding the compulsory retirement of judicial officers. The petitioner, represented by counsels Manoj Kumar Mishra, Shivam Sharma, Dileep Kumar Yadav, and Sunil Kumar Srivastava, contended that the decision to retire him prematurely was based on an unfair assessment of his service record, overlooking his exoneration in disciplinary proceedings.
Key Observations of the Court
The court meticulously reviewed the petitioner’s service record and upheld the decision of the Screening Committee, which had recommended Singh’s compulsory retirement. The bench emphasized that while the petitioner was exonerated in specific disciplinary inquiries, the overall service record, which included multiple instances where his integrity was marked as doubtful, justified the decision to retire him in public interest.
Quoting from the judgment, the court observed:
“It is not every inadvertent flaw or error that will make a judicial officer culpable. However, a conduct which creates a perception beyond the ordinary cannot be countenanced… The standard or yardstick for judging the conduct of the judicial officer therefore has necessarily to be strict.”
The court further noted the importance of maintaining public confidence in the judiciary, especially at the subordinate level, stating:
“A sense of injustice can have serious repercussions not only on that individual but can have its fallout in society as well. The ordinary litigant must have complete faith at this level, and no impression can be afforded to be given to a litigant which may even create a perception to the contrary.”
Decision of the Court
Dismissing the writ petition, the court concluded that the decision to retire Singh prematurely was neither arbitrary nor capricious. The bench held that compulsory retirement is not a punishment but a measure taken when it is found that the officer is not suitable for continued service, even if there is no misconduct warranting punitive action.
“There appears to be no illegality committed in making a recommendation for the petitioner’s compulsory retirement and in acceptance of the recommendation by the State Government,” the court asserted.
Case Details:
– Case Title: Shobh Nath Singh v. State of U.P. and Another
– Case Number: Writ – A No. 2440 of 2022
– Bench: Justice Rajan Roy and Justice Subhash Vidyarthi
– Petitioner: Shobh Nath Singh
– Respondent: State of Uttar Pradesh, through the Chief Secretary, Lucknow, and another
– Counsel for Petitioner: Shivam Sharma, Dileep Kumar Yadav, Manoj Kumar Mishra, Sunil Kumar Srivastava
– Counsel for Respondents: C.S.C., Gaurav Mehrotra
