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Rajasthan High Court v. Ved Priya & Anr.

Civil Appeal · 2020 INSC 306Decided 18 Mar 2020
Civil Appeal Nos. 8933-8934 of 2017
Chief Justice S.A. Bobde · Justice B.R. Gavai · Justice Surya Kant

Background

The respondent, a probationary civil judge, was not confirmed in service and was discharged after a vigilance report (relied on along with other service records) raised concerns, including that he had granted bail in NDPS Act cases beyond his jurisdiction. He challenged the discharge in the Rajasthan High Court, which found no adequate material supporting the decision, held the termination was effectively punitive, and ordered his reinstatement. The High Court later declined to review that order, leading the High Court (as the administrative employer) to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that a probationer has no indefeasible right to continue in service and can be released based on an overall, holistic unsuitability assessment without a full disciplinary enquiry, so long as the termination is not a disguised punishment for a specific proven charge. It found that the Full Court's decision was a routine confirmation exercise applied to over 90 officers (not a targeted indictment of this officer), and that the termination order's language did not single out any specific misconduct. The appeals were allowed, the High Court's judgment was set aside, and the original discharge order was restored.

Lesson Learnt

During probation, an employee can be let go based on an overall assessment of suitability without the fuller hearing rights given to confirmed employees, unless the real motive is to punish the person for a specific, unproven allegation.

Official source (sci.gov.in)View Judgment (PDF)

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