In a significant ruling, the Punjab and Haryana High Court has ordered the reinstatement of a judicial officer, Peeyush Gakhar, who was removed from service in 2010 following a complaint by his former wife, also a judge. The Division Bench, comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal, highlighted procedural violations in Gakhar’s removal, deeming it a breach of natural justice.
The Case and Court Findings
The dispute dates back to 2009 when Gakhar’s then-wife, also a judicial officer, filed a complaint alleging “unbecoming conduct” and “depraved nature.” The Administrative Judge had endorsed these claims, recommending his dismissal. However, the High Court found glaring procedural lapses, noting Gakhar was denied a fair opportunity to defend himself.
“The petitioner was never issued any charge sheet. He claims that he was not even supplied a copy of the complaint or the statement of his former wife recorded by the Registrar General. He was called to the Registrar General’s office and asked to respond on the spot,” the Court observed in its January 17 judgment.
Additionally, Gakhar’s Annual Confidential Reports for 2007-08 and 2008-09 rated him as a “Good Officer.” The Court noted, “The report of the Administrative Judge is based on the complaint filed by the petitioner’s former wife. Thus, it is evident that the petitioner was deprived of a fair opportunity to defend himself.”
Order of Reinstatement
The High Court directed Gakhar’s reinstatement with continuity of service, back wages, and seniority. The judgment also allows the authorities to initiate fresh disciplinary proceedings, if deemed necessary.
Background of the Dispute
Gakhar, who joined judicial service in 2006, married his batchmate in 2009. She later joined the Delhi Judicial Services, leaving her Haryana Civil Services post. The marriage ended in 2012 with a decree of annulment.
Efforts by the Administrative Judge to mediate their marital discord failed, and adverse comments on Gakhar’s conduct led to his removal.
Case: Peeyush Gakhar vs High Court of Punjab and Haryana and another – Available on LAWFYI.IO
