Rajasthan Judicial Service Rules, 2010 – rr.14, 44-46 – Appellant was discharged from service as a Civil Judge on the ground of non-disclosure of past government service as a Teacher – Sustainability:
Held: Non-disclosure of past government service cannot be a ground for discharging the appellant – On the date of interview, the appellant was no longer a government servant as she had tendered her resignation much prior to the interview – Thus, the question of disclosing the past government service was not a material irregularity or a serious misconduct for which she ought to be discharged from service especially when she has successfully completed her training without any blemish – Further, misconduct, if any, in respect of obtaining LL.B. and B.Ed degree simultaneously or in respect of LL.M. degree related to the service period prior to being a Judicial Officer when she was serving as a Teacher with the Government of Rajasthan – Show cause notice and discharge order quashed – Appellant to be reinstated in service with all consequential benefits – Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. [Paras 17, 18, 27, 32] Service Law – Probation – Termination from service – On account of unsuitablility for the job vis-à-vis owing to a misconduct – Effect – Duty of Courts – Discussed – Articles 14, 16 – Rajasthan Judicial Service Rules, 2010 – rr.14, 44-46. [Paras 24, 26]
Judiciary – Greater participation of women in judiciary, emphasized – Importance of advancing women’s greater participation in the judiciary, stated. [Paras 28- 30]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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