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ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
High Court of Chhattisgarh, Through : Registrar General, High Court Bodri – Appellant
Versus
Ganesh Ram Berman, Son of Late Rajuram Berman (ST) – Respondent
JUDGMENT :
Arup Kumar Goswami, J.
1. Heard Mr. Prafull N. Bharat, learned senior counsel for the appellant, assisted by Mr. Shashank Thakur. Also heard Mr. B.N. Mishra, learned counsel, appearing for respondent No.1/writ petitioner along with Mr. T.K. Jha and Mr. Jitendra Pali, learned Deputy Advocate General, appearing for respondent No.2.
2. This writ appeal is presented against an order dated 13.05.2022 passed by the learned Single Judge in WP(S) No.825 of 2017, whereby the writ petition filed by the petitioner / respondent No.1 in the appeal, was allowed by setting aside the order of termination dated 06.02.2017 passed by the Principal Secretary, Government of Chhattisgarh, Law and Legislative Affairs Department, observing that the same would not bar the appellant No.1 herein i.e., the High Court of Chhattisgarh to proceed in accordance with law. Direction was issued to reinstate the petitioner along with all consequential service benefits except back-wages. Liberty was granted to the petitioner to make a representation to the competent authority within 30 days claiming backwages and it was observed that on such representation being made, the competent authority would consider t
The power to recommend termination of a judicial officer's services rests with the Full Court of the High Court, and the Standing Committee does not have the authority to make such recommendations.
A probationary employee can be terminated without an inquiry unless the termination is punitive, in which case protections under Article 311 of the Constitution apply.
The discharge of a probationer must comply with procedural requirements, and insufficient assessment of performance leads to implied confirmation, while discharge based on unsatisfactory work isn't p....
The court upheld the legitimacy of a judicial officer's premature retirement based on performance evaluation, emphasizing the absence of necessity for a hearing and the subjective satisfaction of the....
The High Court cannot order compulsory retirement of judicial officers; such authority rests with the Governor based on the High Court's binding recommendations after assessment of fitness for servic....
Compulsory retirement of judicial officers based on performance assessment is valid under administrative law; procedural adherence to Rules is crucial.
Compulsory retirement of judicial officers based on performance assessments is lawful; natural justice does not apply as such retirement is not punitive but serves public interest.
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