SC Directs Compulsory Retirement Of Judicial Officer

Background of the Case

• The case is named "High Court of Judicature of Rajasthan v. Bhanwar Lal Lamror".
• After attaining the age of 50 years, a judicial officer was compulsorily retired from the High Court of Rajasthan.
• The order was issued based on the recommendation given to the High Court by the administrative side of the Court.
• In the Administrative Committee Report, the respondent was accused of taking bribes and acquiring property through corrupt means.
• The same order was challenged by way of a writ petition in the High Court at Jaipur.
• The High Court revoked the order of compulsory retirement.
• Therefore, it reinstated the officer in service while allowing the writ petition filed by the judicial officer.
• The administrative side of the High Court filed an appeal in the Supreme Court against its own order.

The issue before the Supreme Court

• The issue substantially raised was whether the High Court could substitute its opinion for that of the Administrative Committee, which recommended the order of compulsory retirement from the High Court.

Observations of the Supreme Court

• The Supreme Court observed that the High Court could have done so if it found that the Administrative Committee relied on irrelevant material or that relevant material was overlooked and discarded.
• Further, it was stated that the High Court's view would have been acceptable if it found blatant illegality, procedural irregularity, or disproportionate punishment.
• The court noted that the Administrative Committee had mentioned the entire service record in its Report, including the pending disciplinary inquiry into the judicial officer's integrity.
• The Supreme Court stated that the competent authority should consider the entire record, overlooking the Administrative Committee's thorough examination, which was affirmed and commended to the Court.

Conclusion

• The Supreme Court Bench was constituted by Justice AM Khanwilkar and Justice Sanjiv Khanna.
• The Bench finally set aside the judgment by the Rajasthan High Court, which directed the reinstatement of the Judicial Officer.
• The Supreme Court concluded that even a single remark about a Judicial Officer's lack of integrity is enough to force them to retire.

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