The court ruled that the discharge of a probationer based on procedural shortcomings and lack of fair inquiry violates natural justice under Article 311 of the Constitution.

JUDGMENT :

SATISH CHANDRA SHARMA, J.

1. Leave granted.

2. The present appeal is arising out of order dated 24.08.2023 passed in D.B. Civil Writ Petition No. 6752 of 2020 by the High Court of Judicature for Rajasthan Bench at Jaipur (hereinafter referred to as “High Court”) dismissing the writ petition preferred by the appellant. The High Court by way of the aforesaid order has declined relief to the appellant against show cause notice dated 17.02.2020 and the discharge order dated 29.05.2020.

3. The facts of the case reveal that the appellant before this Court is holding a degree in Bachelor of Arts, Bachelor of Education, Bachelor of Laws and Masters in Law, and was serving as Teacher Grade–II in the Education Department, Government of Rajasthan with effect from 30.12.2014. The facts further reveal that an advertisement was issued by the High Court inviting applications for the post of Civil Judge and Judicial Magistrate on 18.11.2017. Pursuant to her application for the post of Civil Judge and Judicial Magistrate, she was selected for the post in question. The appointment order was issued on 11.02.2019 and the appellant joined as a trainee RJS on 06.03.2019, and completed her training successfully on 07.03.2020. Vide order dated 06.03.2020, the appellant was kept under Awaiting Posting Order (“APO”) and later her headquarter was changed vide order dated 23.03.2020 from Jodhpur to District and Sessions Judge, Jaipur Metro. A notice was issued to her on 17.02.2020 directing her to furnish a point-wise explanation to certain queries raised by the High Court and a reply was submitted by her on 02.03.2020. The show cause notice was issued under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and an Inquiry Report was also submitted in the matter. The Inquiry Report was placed before the Full Court of the High Court, and the Full Court arrived at a conclusion not to continue the appellant in service as she was a probationer and no certificate in respect of completion of probation period was issued by the High Court. The appellant being aggrieved by the order discharging her from service dated 29.05.2020 preferred a writ petition before the High Court and the High Court has dismissed the same.

4. The show cause notice issued by the respondent sought explanation from the appellant on five counts which are detailed as under:

“(a) While studying in LL.B. first year, the petitioner also obtained degree of B.Ed. in the same year, thus fraudulently succeeding in showing attendance in both the courses. The contention of the petitioner is that she did not obtain the degree of LL.B and B.Ed. in the same year. As per the Ordinance No. 168A of the Ordinance Handbook of Rajasthan University, a candidate cannot appear in two main examinations in the same year. As per the petitioner, LL.B First Year Examination is not main examination for obtaining the degree of LL.B.

(b) The petitioner while being in Government job as a Teacher did her LL.M. and again fraudulently succeeded in showing attendance in both the courses. The petitioner has given the explanation that she did not show her attendance fraudulently at two places simultaneously because generally no regular classes are held for LL.M. in the University.

(c) The petitioner concealed the fact of