Karnataka HC Notices Sri Lankan Judge's Rights Plea
07 Mar 2026
Karnataka Proposes Social Media Ban for Under-16s
07 Mar 2026
Justice Dharmadhikari Sworn In as 55th Madras HC Chief Justice
07 Mar 2026
Punjab HC Acquits Ram Rahim in Journalist Murder
07 Mar 2026
Appellate Courts Can Rely on Unexhibited Public Documents Produced by Plaintiff: Gujarat High Court Dismisses Second Appeal Under Section 100 CPC
07 Mar 2026
Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Back
Next 
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, L. S. PIRZADA
Dilipkumar Ishwarlal Patel – Appellant
Versus
State Of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present petition emanates from the Notification dated 18.07.2016 passed by the Legal Department notifying the premature retirement of the petitioner, who was serving as the 8th Additional District Judge (Ad-hoc). The name of the petitioner stands at Sr. No.9 of the Notification.
2. The petitioner, who was serving as an 8th Additional District Judge (Ad-hoc), was retired prematurely in the public interest on attaining the age of 52 years and 09 months.
3. RULE. Learned AGP waives service of notice of rule on behalf of respondent-State. Learned advocate Mr. Hamesh C. Naidu waives service of notice on behalf of respondent no.2.
4. The High Court on the administrative side undertook an exercise for examining the performance of the Judicial Officers of the State of Gujarat by verifying the service records, such as Annual Confidential Reports, disposals, complaints, vigilance complaints, and departmental inquires etc. and accordingly, t
The court affirmed that compulsory retirement of judicial officers in public interest, based on performance evaluation and integrity assessments, does not require a show-cause notice and is subject t....
Compulsory retirement of judicial officers is lawful under Rule 21 of the Gujarat State Judicial Service Rules, 2005, based on performance assessment, with limited grounds for judicial review unless ....
Compulsory retirement of judicial officers based on performance assessment is valid under administrative law; procedural adherence to Rules is crucial.
Judicial officers can be prematurely retired based on poor performance evaluations, with no obligation to adhere to principles of natural justice, as emphasized by established precedents.
Compulsory retirement of judicial officers requires robust evaluation of performance and integrity; procedural compliance ensures validity of notifications issued under the Governor's name.
The authority to retire a Judicial Officer lies with the Governor, acting on High Court recommendations, emphasizing the importance of performance and integrity in public interest retirement decision....
Premature retirement of judicial officers can be sanctioned based on performance evaluations, and such decisions are typically not subject to judicial review unless tainted with malice or illegality.
Compulsory retirement of judicial officers based on performance assessments is lawful; natural justice does not apply as such retirement is not punitive but serves public interest.
The court upheld the legitimacy of a judicial officer's premature retirement based on performance evaluation, emphasizing the absence of necessity for a hearing and the subjective satisfaction of the....
Judicial officers may be retired prematurely based on performance assessments, and courts exercise limited review authority barring evidence of mala fides or procedural flaws.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article