JAYSHREE CHAMANLAL BUDDHBHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 14th December, 2007 of the Government of Gujarat in its Legal Department whereby her appointment on probation has been terminated.

(2.) PURSUANT to written examinations and oral interviews conducted by the High Court, the petitioner was selected for appointment to the post of Civil Judge and Judicial Magistrate First Class. On the recommendation of the High Court, the Government of Gujarat, in its Legal Department by its order dated 2nd March, 2005 appointed the petitioner as Civil Judge, Junior Division, Class-II on probation for a period of two years. The High Court by its order dated 4th March, 2005 posted the petitioner to Rajkot as Civil Judge and Judicial Magistrate First Class, pursuant to which the petitioner took over charge on 14th March, 2005. After joining service, the petitioner was taken in in-service training. Upon completion of training, vide order dated 30th December, 2005 the petitioner was posted at Kodinar as Principal Civil Judge and Judicial Magistrate First Class. The petitioner took charge at Kodinar on 7th January, 2006.

(3.) DURING the course of her service, the petitioner faced certain difficulties on account of the conduct of the subordinate staff in connection with the subordinate staff permitting the advocates' clerks to take the original Court record outside the Court premises, pursuant to which she addressed two communications dated 16th and 19th May, 2006 to her superior, that is, the District Judge, Junagadh, intimating him regarding the said problems. As the problems continued, the petitioner initially reported the same to District Judge Shri B. U. Joshi orally and thereafter addressed communications dated 7th September, 2006, 30th September, 2006 and 10th October, 2006 pointing out gross indiscipline on the part of certain members of the subordinate staff and their illegal activities. Later on vide communications dated 22nd January, 2007 and 3rd February, 2007 also, the petitioner complained in this regard to the District Judge. It appears that no heed was paid to the said complaints and the same remained unattended.