VidhiSangh

Supreme Court of India · 21/05/2025

PINKY MEENA versus THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR & ANR.

[2025] 7 S.C.R. 79 · 2025 INSC 756

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Summary

A probationer Civil Judge in the Rajasthan Judicial Service was discharged after a Full Court resolution based on a vigilance inquiry into allegations that, while a government teacher, she pursued LL.B./B.Ed. and LL.M. degrees simultaneously with service, did not obtain a no-objection certificate, and failed to disclose her past government service in the interview checklist. The Court set aside the show cause notice and discharge order: the alleged misconduct predated her judicial service, she had resigned before the checklist was submitted so the omission was minor, her probation performance was unblemished, and the stigmatic discharge without a proper hearing violated natural justice.

Issues

  1. Whether alleged irregularities committed while the appellant was a teacher in the Education Department, before joining the judicial service, could ground her discharge as a probationer Civil Judge.
  2. Whether non-mention of past government service in the interview checklist, submitted after she had resigned, amounted to suppression of material information under Rule 14 of the Rajasthan Judicial Service Rules, 2010.
  3. Whether a probationer whose performance was not alleged to be unsatisfactory could be discharged under Rules 44 to 46 of the Rajasthan Judicial Service Rules, 2010.
  4. Whether the discharge, founded on an inquiry report finding misconduct, was stigmatic and punitive and therefore required compliance with natural justice.

Provisions considered

Held

Result

Appeal allowed; show cause notice dated 17.02.2020 and discharge order dated 29.05.2020 quashed; appellant to be reinstated forthwith with consequential benefits including seniority as per the merit list and notional pay fixation, but without back wages; she is to be treated as having successfully completed probation and as a confirmed employee; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 79.