BRIJRANI Vs. DISTRICT AND SESSION JUDGE

JUDGEMENT

(1.) This petition invoking writ jurisdiction of this Court under Article 226 of the Constitution of India seeks issuance of writ of certiorari for quashing the impugned order dtd. 15/7/2020 (Annexure P/1) whereby services of the petitioner have been discharged as she failed to perform her duties satisfactorily in the probation period and the Principal District Judge, Katni (M.P.) by impugned order has discharged her probationary services.

(2.) As per facts of the case, the petitioner was selected as Stenographer Grade-II and she was posted in the establishment of the Principal District & Sessions Judge of Katni on probation vide order dtd. 5/1/2015 (Annexure P/2) by District & Sessions Judge, Katni. She joined on 6/1/2015 vide Annexure P/3. Her probation period was extended for a year vide order dtd. 12/12/2019 (Annexure P/4) but her services in probation period were found unsatisfactory. Therefore, after assessing overall performance of the petitioner in probation period and finding that she is incompetent and is not fit for the post, discharged from services under Rule 8(5) of the Madhya Pradesh Civil Services (General Conditions of Services) Rules, 1961 (hereinafter referred to as 'Rules of 1961'). She preferred a representation before High Court of M.P. but same was rejected on administrative side vide order dtd. 5/3/2025. She was informed about the same by District & Sessions Judge, Katni.

(3.) Being aggrieved with the order dtd. 15/7/2020, the petitioner has preferred this writ petition. The challenge is made by the petitioner mainly on the ground that her services have been terminated/discharged without conducting any preliminary and departmental enquiry and the impugned order is passed without following the principles of natural justice. It is also contended that the petitioner's services have been terminated without giving one month's advance notice, therefore, her termination/discharge being illegal is not sustainable.