Punjab & Haryana HC sets aside compulsory retirement of District Judge; calls adverse ACR remarks by Retd. Justice “malafide in law” and violative of Wednesbury principles.
Case Name: Dr. Shiva Sharma v. High Court of Punjab and Haryana & Another
Date of Order:15 September 2025
Citation: CWP No. 24938 of 2012 (O&M)
Bench: Chief Justice Sheel Nagu, Justice Sanjiv Berry (DB)
Held: The Court held that the compulsory retirement order of Dr. Shiva Sharma, based solely on adverse ACR remarks recorded by Justice Alok Singh in the last five months of the appraisal year 2010-11, was illegal, improper, and malafide in law. The remarks were not based on any written complaints, verified evidence, or inquiry, but on unsubstantiated allegations. Such action was held to be contrary to settled service jurisprudence and the Wednesbury principle of reasonableness.
Summary: The petitioner, Dr. Shiva Sharma, a District Judge with over 30 years of service, consistently received “Good” or “Very Good” gradings in his ACRs, except for a few early-career averages. In 2009, he was designated as District & Sessions Judge after scrutiny of his record.
In 2010-11, for the first seven months no adverse remarks were recorded, but after Justice Alok Singh took over as Administrative Judge, he recorded remarks branding the petitioner’s integrity as “doubtful.” These remarks were based on general reputation and unsubstantiated complaints without inquiry or material evidence.
The Court found it incomprehensible that an officer with an unblemished career could suddenly be branded of “doubtful integrity.” The proper course should have been a vigilance inquiry and disciplinary proceedings, not an abrupt compulsory retirement. The Competent Authority erred by relying on irrelevant and unverified material, ignoring the petitioner’s long track record.
Decision: The compulsory retirement order dated 05.09.2011 passed by the Governor of Haryana on recommendation of the High Court was set aside. The petitioner was held entitled to all consequential benefits including notional seniority, pay fixation, pension fixation, and arrears of pension. However, he was not entitled to arrears of salary for the period he remained out of service.