(1.) THE writ petitioner has filed this appeal under clause 10 of the Letters Patent, aggrieved of the order dated 27.4.1994 passed in Misc. Petition No. 1041 of 1982 and Misc. Petition No. 2173 of 1983, by Shri A.K. Mathur, J. (as he then was).
(2.) FACTS giving rise to this appeal in brief are thus After selection and recommendation by the Public Service Commission, the appellant, vide order dated 18.7.1978, was appointed temporarily as Civil Judge, Class II, in M.P. Judicial Service on the condition of completion of six months training and then on probation for a period of two years. The appellant was posted at Rewa where she joined her duties on 7.8.1978 and worked upto June, 1979. Thereafter, the appellant was transferred and posted at Satna where she worked from June, 1979 to June, 1980. Appellant then was transferred and posted at Sagar where the appellant worked from June, 1980 to June, 1981. Thereafter the appellant was posted at Narsinghpur. As the appellant's services were not found satisfactory, the High Court recommended to terminate the services of the appellant. On that the Government of Madhya Pradesh terminated the services of the appellant vide order dated 17.12.1981 (Annexure K of the petition) by giving one month's pay in lieu of notice under Rule 12(1) of the Madhya Pradesh Government Servants (Temporary and Quasi Permanent Services) Rules, 1969 (for short' the Rules of 1960).
(3.) THE Appellant, against the adverse remarks, made a representation which was not in proper manner. She also wrote a letter to Shri Justice N.C. Dwivedi, which was not warranted. All this material was placed before the Full Court Meeting dated 27.2.1981 (Document No. 12 of the return). Full Court resolved that appellant may be given a character roll warning and a chance to improve her behaviour in the Court and towards her superior officers. Appellant then was transferred to Sagar. The District Judge, Sagar was asked to keep watch on her performance. But, unfortunately, her performance at Sagar was also not good. Appellant remained at Sagar from June, 1980 to June, 1981. The District Judge, Sagar received several complaints about her work, who also remarked that the appellant was a problematic lady and her behaviour with the public and members of the Bar was not proper. She dismissed the cases in default. It was also remarked that she was mixed up with anti -social elements, instigating communal feelings. There were some complaints about her integrity also. It was remarked that she lacks a judicial discipline. The complaints were also received by Hon'ble the Chief Justice regarding behavour of the appellant. As the District Judge was directed to keep watch over her performance, he sent a special report dated 27.5.1981 (Document No. 15 to the return). The District Judge had also sent his earlier report dated 30.4.1981 (Document No. 16 to the return). The Full Court in its meeting dated 28 -29.8.1981 (Document No. 17 to the return) considered over all performance of the appellant and resolved that the services of the appellant be terminated forthwith under Rule 12 of the Rules of 1960 by giving one month's salary. A copy of the resolution (Document No. 17 annexed with the return) reads thus: