Punjab and Haryana High Court orders immediate reinstatement of civil judge

The Punjab and Haryana High Court has directed the immediate reinstatement of Nazmeen Singh as Civil Judge (Junior Division) and Judicial Magistrate with continuity of service. The Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma also grant all consequential benefits to the judicial officer, except monetary.

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The petitioner had approached the court through senior advocate Puneet Bali with counsel Balwinder Singh and Bhavyashri challenging the decision to dispense with her services on the ground of being unsatisfactory.

The Bench observed that Nazmeen Singh had qualified the Punjab Civil Services judicial examination in 2015 and was appointed as a Civil Judge (Junior Division/Judicial Magistrate) in 2016. Her tenure included postings in Ludhiana and Chandigarh. While stationed in Chandigarh, the Superintendent of Central Jail, Ludhiana, communicated the death of a prisoner at PGIMER due to health complications to UT Chief Judicial Magistrate, requesting an inquest as per the National Human Rights Commission’s guidelines.

The Chief Judicial Magistrate, in turn, assigned Nazmeen Singh to conduct inquest proceedings. She constituted a medical board on July 31, 2018, for the autopsy. However, that same day, a complaint was lodged by the medical board members against her, alleging misconduct. The complaint “constituted the bedrock for the impugned order against the petitioner, whereby her services as a probationer were dispensed with”.

After reviewing the facts, the Bench asserted that decision was unjustified.

“After completion of the maximum tenure of probationary services by the petitioner, she is deemed to be confirmed against her substantive post. Thereby, there will be an imperative necessity for a full-fledged inquiry being launched against her, for proving the alleged misconduct. Since the full-fledged inquiry has not been launched, thereby the omission brings to the fore that, the petitioner has been condemned unheard,” the court asserted.

The Bench asserted the principles of natural justice were required to be adhered to, especially in matters concerning judicial officers. It was imperative that all relevant parties were heard and that inquiries were conducted fairly and transparently.

Elaborating, the Judges asserted it appeared discreet inquiry was carried behind the petitioner’s back. Only one doctor was summoned to testify, who presented electronic evidence from her mobile device, while the other complainants-doctors, were not summoned despite their testimony being crucial at that stage.  

Before parting with the order, the Bench added, “The principles of natural justice remain uncomplied with. Therefore, the instant petition is allowed and the impugned order is set aside. The petitioner is ordered to be forthwith reinstated into service with continuity of service and along with all consequential benefits, except monetary benefits,” the Bench asserted.