Supreme Court upholds Punjab & Haryana High Court order reinstating judge dispensed over 'Simple Language'

The Supreme Court on Wednesday upheld the order of the Punjab and Haryana High Court reinstating an additional district and sessions judge dispensed from the Punjab Higher Judicial Service 10 years ago on the pretext of 'simple language'.

A bench comprising Justice UU Lalit Justice S Ravindra Bhat Justice PS Narasimha stated that "We have heard counsels for the parties and are not inclined to interfere with the impugned judgement."

However, the judgment has been modified to a limited extent stating that the respondent can claim 50% including increments, allowances etc, whereas, the High Court had asked the petitioner to be reinstated with all the consequential benefits.

The bench was hearing a plea filed by Punjab and Haryana High Court challenging the High Court's order setting aside 10 years old order wherein an additional district and sessions judge has been removed from the Punjab Higher Judicial Service.

The division bench of Justice Jitendra Chauhan and Justice Girish Agnihotri had noted that "the officer ought to have been counselled, guided and deserved to have been given an opportunity to enhance her potential and performance. We also feel that at the initial stage, young officers need to be encouraged so that he or she performs his/her best and the same is utilised for the general good of the society."

However, it was alleged that during an inspection the then Inspecting Judge had inspected the Court of the petitioner and perused few judgments delivered by the officer. It was also stated in the report that the same were found to be in 'simple language', reasoned and does not smack of any mala fide.

The High Court had further noted that "We feel that simplicity of the expression is an ornament of any language as the same is understood by the common man. In writing complex sentences, sometimes, the essence of the subject is lost."

Cause Title: Punjab and Haryana High Court Chandigarh Vs Praveen Bali and Ors.