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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Mayuri Himmatlal Panchal – Appellant
Versus
High Court of Gujarat Through Registrar General – Respondent
JUDGMENT :
Sunita Agarwal, J.
1. By means of this writ petition the petitioner has sought for quashing of the order dated 11.03.2022 passed by the respondent No.2, the State of Gujarat on the recommendation of the respondent No.1, namely the High Court of Gujarat in passing a simpliciter order of discharge of the petitioner from services with immediate effect, considering her unsuitability for the post she held, i.e. Civil Judge (J.D.).
2. By means of an amendment brought under the order of this Court dated 16.12.2022, the petitioner had further sought the relief to hold and declare the Rule 14(5) of the Rules’ 2005, namely the GUJARAT STATE JUDICIAL SERVICE RULES ’ 2005 being ultra vires to Articles 14,16,19 and 21 of the Constitution of India and the alternate prayer of interpretation of Rule 14(5) of the Rules’ 2005 to hold and declare that the period of probation mentioned in Rule 14(5) does not include extended period of probation. It was prayed that an interpretation is to be made to the ‘delay’ mentioned in Rule 14(5) of the Rules’ 2005 so as to declare it to be reasonable, justifiable and bona fide.
3. The petitioner has also prayed a relief of mandamus holding and declaring
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....
Discharge of probationers is considered punitive when based on allegations of misconduct, requiring a proper inquiry under Article 311(2) of the Constitution.
The maximum period of probation does not confer a right to confirmation; unsatisfactory performance justifies termination without a disciplinary hearing.
It is a well settled position of law that in respect of an order of termination of service simplicitor, it is not a stigmatic one.
The main legal point established in the judgment is that under Rule 10(A) of the Gujarat Civil Services (Classification and Recruitment) General Rules, 1967, the petitioner's services should be treat....
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
The main legal point established in the judgment is the distinction between termination simpliciter and punitive termination based on the nature of the inquiry and the purpose of the termination.
Where the form of the order is merely a camouflage for an order of dismissal for misconduct it is always open to the Court before which the order is challenged to go behind the form and ascertain the....
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