Rajan Gupta

Justice Rajan Gupta

Justice Rajan Gupta (born 14 September 1960) is a former judge of the Punjab and Haryana High Court and the Patna High Court. He served as a judge of the Punjab and Haryana High Court from 10 July 2008 until his transfer to the Patna High Court in October 2021, where he continued in office until his retirement on 13 September 2022. Following his retirement, he was appointed Chairman of the Haryana Real Estate Appellate Tribunal (HREAT), the statutory appellate tribunal constituted under the Real Estate (Regulation and Development) Act, 2016 for the State of Haryana.

During his judicial tenure spanning more than fourteen years, Justice Gupta heard matters relating to constitutional law, criminal law, civil disputes, administrative law, service law, land acquisition, arbitration, and commercial litigation.[1] He also served as the senior-most puisne judge of both the Punjab and Haryana High Court and the Patna High Court, a distinction held by relatively few judges in the Indian higher judiciary.

Early life and education

Justice Rajan Gupta was born on 14 September 1960. He pursued legal education in northern India and enrolled as an advocate, commencing practice primarily before the Punjab and Haryana High Court. During his early years at the Bar, he developed a practice in constitutional law, criminal law, civil litigation, and public law.

Legal career

Before his elevation to the Bench, Justice Gupta practised before the Punjab and Haryana High Court. During his career as an advocate, he served as Standing Counsel for the Central Bureau of Investigation (CBI), Special Public Prosecutor for the CBI, and Deputy Advocate General for the State of Haryana.

As Standing Counsel for the CBI, he represented the agency in a number of criminal prosecutions and public law proceedings involving corruption, economic offences, abuse of public office, and other matters investigated by the agency.

Among the cases in which he appeared were proceedings connected with the investigations into the activities of Dera Sacha Sauda headed by Gurmeet Ram Rahim Singh. During the course of the investigation, he represented the CBI before the Punjab and Haryana High Court in proceedings concerning challenges to the investigation and related petitions arising from the criminal cases.

Justice Gupta also appeared on behalf of the Central Bureau of Investigation (CBI) before the Punjab and Haryana High Court in proceedings related to the investigation and prosecution arising out of the hijacking of Indian Airlines Flight IC-814 in December 1999. The case concerned persons alleged to have provided logistical assistance to the hijackers, including through forged travel documents and financial support. He represented the CBI in matters connected with the case before the High Court during the course of the proceedings.

Judicial career

Justice Rajan Gupta was appointed as a Judge of the Punjab and Haryana High Court on 10 July 2008.

During his tenure at the High Court, he heard a broad range of matters relating to constitutional and administrative law, criminal law, civil disputes, service matters, land acquisition, arbitration, commercial litigation, and regulatory law. His judgments dealt with issues concerning judicial review of executive action, statutory interpretation, public employment, criminal procedure, and property rights.

In service law, he decided cases relating to recruitment, promotions, disciplinary proceedings, pensionary benefits, and departmental inquiries. His judgments frequently examined the application of statutory rules and the principles of natural justice in public employment.

Justice Gupta also heard matters arising under the Arbitration and Conciliation Act, 1996, including challenges to arbitral awards and questions relating to the scope of judicial intervention in arbitration proceedings.

Senior-most puisne judge

During his tenure at the Punjab and Haryana High Court, Justice Gupta became the senior-most puisne judge after the Chief Justice and discharged various administrative responsibilities assigned to him by the Court.

Following his transfer to the Patna High Court in October 2021, he again became the senior-most puisne judge of that Court. He is among the few judges to have held this position in two different High Courts.

Administrative responsibilities

Apart from his judicial work, Justice Gupta served on several administrative and statutory bodies associated with the functioning of the judiciary.

He served as the ex officio Chairman of the Preventive Detention Advisory Board, which reviews detention orders issued under preventive detention laws in accordance with constitutional and statutory requirements.

He also chaired committees dealing with vigilance and disciplinary matters concerning the subordinate judiciary and participated in administrative oversight relating to judicial functioning.

Justice Gupta also headed the Judicial Academy, where he contributed to judicial education and training programmes for judicial officers. He was also associated with initiatives relating to continuing legal education and institutional capacity building within the judiciary.

He served as Executive Chairman of the Haryana State Legal Services Authority (HALSA), where he was associated with programmes relating to legal aid, mediation, legal awareness, and access to justice.

During his tenure, he was also associated with committees concerning prison administration, juvenile justice, correctional reforms, and the welfare of prisoners.

Transfer to the Patna High Court

In October 2021, Justice Gupta was transferred from the Punjab and Haryana High Court to the Patna High Court pursuant to the recommendations of the Supreme Court Collegium and a notification issued by the Government of India. He continued to hear constitutional, civil, criminal, and administrative matters until his retirement.

Retirement

Justice Rajan Gupta retired from the Patna High Court on 13 September 2022 upon attaining the age of superannuation prescribed for judges of High Courts under the Constitution of India.

Chairman, Haryana Real Estate Appellate Tribunal

Following his retirement from the judiciary, Justice Gupta was appointed Chairman of the Haryana Real Estate Appellate Tribunal (HREAT), the appellate authority established under the Real Estate (Regulation and Development) Act, 2016.

As Chairman, he has presided over appeals arising from orders passed by the Haryana Real Estate Regulatory Authority. The Tribunal hears matters relating to disputes between promoters and allottees, project registration, delays in completion of real estate projects, refund claims, compensation, and other issues arising under the Real Estate (Regulation and Development) Act, 2016.

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