HC sets aside full court order

In a detailed judgment,a division bench comprising Chief Justice Ranjan Gogoi and Justice Augustine George Masih today set aside the suspension order of Dr Sant Ram Kapoor who was suspended and made to compulsorily retire in 2004.

“As the petitioner (Dr Kapoor) in the meantime has crossed the age of 60 years,we are of the view that a further declaration should be made to the effect that the petitioner shall be deemed to have been a member of the Haryana Superior Judicial Service upto the date on which he had attained 60 years of age. All retiral and pensionary benefits shall now be paid to him. However,in so far as wages for the period during which the petitioner remained out of employment is concerned,though the petitioned had remained without work for no fault of his own,we are of the view that ends of justice would be met if the petitioner is held to be entitled to 50 per cent of the wages for the aforesaid period. The said amount shall be paid to the petitioner without any delay,after due computation,” reads the order authored by Chief Justice Ranjan Gogoi.

Dr Kapoor,who was a member of the Superior Judicial Service,State of Haryana,had challenged an order dated November 1,2002 and March 16,2004 retiring him from service on his attaining the age of 58 years.

Dr Kapoor joined the judicial service in 1977 and earned his due promotions on time. “His record of service is reasonably good except for the initial period when he joined service,” reads the order.

He was assessed as “good or above since the year 1981-82 in the annual confidential reports. While Dr Kapoor was posted as an Additional District and Sessions Judge in Panchkula,he decided a rent appeal which was challenged in the High Court.

In the revision petition,a High Court Judge called for explanation of Dr Kapoor by observing therein that he had committed judicial indiscipline by entertaining the petition.

After having received the explanation,the High Court Judge recorded a note that Dr Kapoor had made scandalous allegations against him (HC Judge) and had used “intemperate language”.

The matter was placed before a special division bench by the then Chief Justice on September 15,2003 wherein Dr Kapoor tendered an apology and had withdrawn the allegations made against the concerned High Court Judge.

On January 21,2004 a decision was taken in the Full Court meeting to retire Dr Kapoor compulsorily.

After perusing the ACRs of Dr Kapoor,the Bench ruled in the order “Nothing can be said against his integrity”.