IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, L. S. PIRZADA
Dilipkumar Ishwarlal Patel – Appellant
Versus
State Of Gujarat – Respondent
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, the Committee of three Hon’ble High Court Judges was formed, which had undertaken the necessary exercise of verification of the service records, and ultimately, the Committee filed its report dated 23
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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.
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Judicial officers may be retired prematurely based on performance assessments, and courts exercise limited review authority barring evidence of mala fides or procedural flaws.
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