Termination of probationary judicial officers must comply with principles of natural justice; uncommunicated adverse remarks cannot justify punitive action.

JUDGMENT :

NAGARATHNA, J.

Introduction:

The careers of two women Judicial Officers out of six have to be decided in these writ petitions filed by them as well as in Suo Moto Writ Petition (Civil) No.2 of 2023. Out of six women Judicial Officers who were terminated from service during their probation period, four Judicial Officers have been reinstated pursuant to the resolution of the Full Court of the respondent- Madhya Pradesh High Court dated 01.08.2024 on certain terms. However, insofar as two Judicial Officers, namely, Ms. Sarita Choudhary and Ms. Aditi Kumar Sharma, there has been no revocation of the earlier resolution and consequently, their termination under challenge in these writ petitions have to be decided by this Court.

Genesis of the Controversy:

2. On 23.05.2023, six women Judicial Officers serving in the State of Madhya Pradesh (Civil Judges, Junior Division) were terminated on the recommendation of the Administrative Committee of High Court of Madhya Pradesh. Earlier that month, the Administrative Committees of the High Court had met on 08.05.2023 and 10.05.2023 for shortlisting of officers for confirmation of judicial officers on probation. The shortlist were then recommended to the Full Court of the High Court for confirmation. On 13.05.2023, the High Court issued an order confirming a list of 403 Judicial Officers and recommending termination of services, inter alia, of the petitioners herein. On the basis of the aforesaid order issued by the High Court, the termination order(s) in respect of, inter alia, the petitioners herein were passed on 23.05.2023, thereby, discharging the petitioners from their duties.

2.1 On 02.09.2023, three women Judicial Officers of the District Judiciary of the State of Madhya Pradesh made a representation to Hon’ble the Chief Justice of India alleging their termination from service as illegal, arbitrary, and contrary to the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (for short, “Recruitment Rules”). Upon considering the said representation, Hon’ble the Chief Justice of India, by an administrative Order dated 11.11.2023, directed that the matter be registered by way of a suo moto writ petition in respect of all six women judicial officers who were terminated from service.

2.2 By the time the matter was registered on 07.12.2023, one of the Judicial Officers, Ms. Sonakshi Joshi, had filed Writ Petition (C) No.849/2023 before this Court invoking Article 32 of the Constitution of India. However, by Order dated 22.08.2023, she withdrew the said writ petition with liberty to secure relief from the Madhya Pradesh High Court. Similarly, three other Officers, namely, (1) Ms. Rachna Atulkar Joshi; (2) Ms. Jyoti Varkade; and (3) Ms. Priya Sharma, who had also filed Writ Petition (C) Nos.1325, 1339 and 1357 of 2023 respectively under Article 32 withdrew their writ petitions with liberty to approach the Madhya Pradesh High Court vide order dated 08.12.2023.

2.3 However, as these four petitioners, who withdrew their writ petitions from this Court, were not aware of the fact that this Court had registered Suo Moto Writ Petition as Hon’ble the Chief Justice of India had already taken cognizance of their grievance, we found it just that notice must be issued to them in the suo motu writ petition.

2.4 On 23.0