SC partly closes suo motu petition after MP HC conditionally reinstates 4 of 6 terminated female judicial officers

Supreme Court: In a suo motu writ petition pertaining to termination of six women judicial officers, the Division Bench of BV Nagarathna and Nongmeikapam Kotiswar Singh, JJ. closed the lis in respect of four judicial officers, after noting that they have been considered for reinstatement subject to certain terms and conditions.

Insofar as two other officers were concerned, the Court was informed that there was no revocation of the earlier orders and resolutions and the Full Court of the High Court had also decided to place the adverse remarks and other materials against them before this Court in a sealed cover.

In view of the Court’s order in In Re: Termination of Civil Judge, Class-II (Jr. Division) Madhya Pradesh State Judicial Service¹, for reconsideration of the matter, the Full Court considered the matter and submitted that that the termination of four Civil Judges, Junior Division be revoked with a condition that they be posted as Civil Judge, Junior Division with a probation period of one year without back-wages and they be placed at the bottom of their respective batch. They will regain their original seniority subject to their confirmation. The question of payment of salary from the date of termination till reinstatement was rejected.

After considering the ACRs gradings, disposal statistics, adverse remarks, complaints, overall performance, of the other two terminated Judges, the Full Court viewed that their termination could not be revoked.

In June, 2023, the Government had sacked six female Civil Judges, Junior Division from their services. The Administrative Committee concerned had affirmed this decision, followed by approval from the Full Court of the High Court.

The Court in its previous order, appointed Senior Advocate Gaurav Agarwal as Amicus Curaie in the matter.

1. Suo Motu Writ Petition (C) No. 2/2023