5. In conjunction with the rule of premature retirement, it is also essential for us to refer to the criteria/norms for continuity in service after the ages of 50, 55 and 58 years. The criteria/norms were adopted by a resolution of the Full Court of the High Court of Jammu and Kashmir on 3.6.2013. Some parts of the resolution are relevant for the present controversy, and are being extracted hereunder:
While considering the cases of the Judicial Officers for their continued utility in service at 50, 55 and 58 years of age in terms of the judgment of the Hon'ble Supreme Court in All India Judges Association v. Union of India MANU/SC/0391/1993 : AIR 1993 SC 2493 and (2011) 10 SCC. I, the following criteria/norms shall be taken into account by the High Court in its administrative capacity.
A. Assessment Standards:
Following are the factors to be taken into consideration individually/collectively to assess the officer.
1. Over all past service record of the Officer shall be examined and considered with emphasis on the last 5 years' record to assess his potential for continued utility in the service beyond 50, 55 and 58 years.
2. The quality of the judgments delivered by the officer, whether or not assailed before the High Court, in suits, appeals, Session cases, Revisions and other proceedings during the past ten years of his service tenure. The quality of judgments will be determined by its content, the legal acumen it reveals, the nature of approach adopted, the language employed and the results achieved etc. etc.
3. Rate of disposal of the case by the officer in the light of the separate criteria prescribed by the High Court for this purpose.
4. Material reflecting the character of the officer, including the complaints, enquiries and vigilance reports lodged against him. The fact that the officer was superseded in the last promotion shall also be taken into consideration.
B. Annual Confidential Reports (A.C.Rs.)
1. General
a) The ACRs for the last five years should be taken into account.
b) If the other record of the officer is at variance with ACRs.
Provided, however, that if the ACR of the officer for a particular year has not been recorded or approved by the High Court, as can be the situation in case of a deputationist, the other record of the officer for that year would be considered for rating him.
2. Special Considerations:
A Judicial Officer shall be permitted to continue beyond 50, 55 and 58 years of age if he fulfills the following conditions:
i) The Officer has on the basis of the prescribed criteria earned seventy five per cent or more ('A' Grading) of his total ACR entries in 'Very Good' or 'Good' gradings.
ii) If the officer has not earned any adverse or average entry in his ACRs after his last promotion.
C. Other relevant factors:
Besides above standard and recording of ACR, following factors shall also be taken into account while evaluating all round potential of the officer:
i). His integrity, honesty and judicial conduct shall be kept in view and utmost importance be attached;
ii). His relations with the Bar and his administrative capacity should also be considered;
iii). His dealing with the finance shall also be taken into account while evaluating the all round potential of the officer;
iv). The ACRs shall not constitute the sole guiding factor but shall be given due weightage along with other equally relevant factors;
v). The institutional integrity being in larger public interest is the uppermost and shall be preferred to individual interest.
These are guidelines for internal use of the High Court. However, it would not limit the power of the High Court vested by Article 235 of the Constitution of India read with Article 104 of the J&K Constitution.
IN THE SUPREME COURT OF INDIA
Writ Petition (C) No. 355 of 2014 (Under Article 32 of the Constitution of India)
Decided On: 11.12.2015
Shakti Kumar Gupta Vs. State of Jammu and Kashmir and Ors.
Hon'ble Judges/Coram:
J.S. Khehar and R. Banumathi, JJ.
Citation: (2016) 15 SCC 399
