Ahmedabad – The Gujarat High Court has called upon the judges to be“honest to the core with high moral values”, and said even a single adverse remark against a judge in his entire service record or question over his integrity was sufficient ground for his“compulsory retirement”.

A bench of Justices A S Supehia and L S Pirzada stated in its order pronounced on Tuesday that even issuing a show-cause notice to such a judicial officer was not necessary as compulsory retirement in public interest does not amount to punishment.

Dismissing the contention of petitioner J K Acharya, an ad hoc sessions judge who was compulsorily retired along with 17 other sessions judges in November 2016 by the high court's full court, the HC also said every judge must discharge his judicial duty with integrity, impartiality and intellectual honesty as he holds an office of public trust.

“A single uncommunicated adverse remark in the entire service record, or a doubtful integrity, is enough to retire a judicial officer compulsorily in the public interest. Any promotion or grant of a higher pay-scale/selection grade cannot have any impact on the order of compulsory retirement,” the HC bench said.

It said the requirement of issuance of a show-cause notice to such a judicial officer is not necessary.

The court said that the judges of the high court's full court may compulsorily retire a judicial officer on the basis of his/her general reputation even without any tangible material against him/her, and judicial review of such order is permissible only on very restricted grounds.

Acharya was compulsorily retired along with 17 other sessions judges as part of the high court's policy at that time to evaluate judges at the ages of 50 and 55, and retiring those whose performance was not found satisfactory.

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