Gandhinagar. The Gujarat High Court has given a strict message that if there is a single adverse comment against a judge or his honesty arises, then it is enough to retire from service. The bench of Gujarat High Court Justice AS Supehia and Justice LS Pirzada said this while dismissing the petition of JK Acharya, a compulsory retired judge with 18 sessions judges in 2016. The court said that the judge should be completely honest and high moral value. The court stated the reason for this that the judge holds the post of public trust.
The Gujarat High Court said that retiring is not a punishment, it is a decision to be taken in public interest. It is also not necessary to issue a show cause notice to the judge before compulsory retirement. The court said that even without concrete evidence, he can be compulsorily retired on the basis of the general reputation of a judge. If a single confidential adverse comment or honesty is such a decision can be made. The court also made it clear that such a step towards a judge cannot be affected on the basis of promotion or high pay level. Acharya, a judge, challenged the High Court’s full court’s decision. On which the High Court bench said that all judges have a collective opinion in the entire court. He is supreme in taking such decisions. Which can be reviewed only on a limited basis.
A two -judge bench of the Gujarat High Court also cited the Supreme Court in its judgment. The Supreme Court had said in its judgment that the post of the judge is a symbol of the trust of the public. He should be fair, intellectually honest and high morality. The High Court said that to strengthen the rule of democracy and law, it is necessary to strengthen the judicial system. The High Court said that if a judge violates these standards, discipline action against him may be compulsory retirement in public interest. Many times it is difficult to gather concrete evidence, but the decision of the administrative committee of the High Court and the full court is final.
