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Gujarat High Court Rules a Single Adverse Remark Can Justify a Judge’s Compulsory Retirement

The court deemed compulsory retirement an administrative measure that does not require a show-cause notice.

Overview

  • A division bench of Justices A. S. Supehia and L. S. Pirzada dismissed former ad hoc sessions judge J. K. Acharya’s petition challenging his 2016 compulsory retirement.
  • The order holds that even one uncommunicated adverse entry or any doubt about integrity is sufficient to retire a judicial officer in the public interest.
  • The bench clarified that promotions or higher pay scales do not shield an officer from compulsory retirement.
  • The judgment defers to the full court’s collective assessment, permitting judicial review only for patent illegality, procedural prejudice, or gross disproportionality.
  • Citing Supreme Court guidance, the court reaffirmed stringent ethical expectations for judges and noted that confidential evaluations may rely on general reputation without specific, tangible proof.