ANCHAL DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition is filed by a Civil Judge (Junior Division), whose judicial career was brought to an abrupt end, by the decision of the Standing Committee of the High Court, to not declare his probation. The petitioner stood discharged from service with effect from 19/5/2014 by a termination of probation issued vide Notification dtd. 27/6/2014, which is asserted by the respondents to be a termination simplicitor; neither punitive nor stigmatic.

(2.) The petitioner, on the other hand, pleads that he had a more than successful stint with continued appreciative assessments and the entire problems arose due to the enmity harboured by the District Judge; which led to a number of instigated complaints being raised against him. All of which were, however, consigned, despite which termination occurred in an illegal and arbitrary manner.

(3.) Shri Jitendra Singh, learned Senior Counsel, instructed by Shri Bajarangi Lal, learned counsel for the petitioner, argued for setting aside the termination order and reinstating the petitioner in service with full consequential benefits. Learned Senior Counsel took us through the records, which indicate a complaint raised against the petitioner, which resulted in a warning; to be careful in behaviour and to maintain judicial aloofness. The petitioner also had a consistent record and his performance was assessed outstanding. Despite all this, on a recommendation for declaration of probation, placed by the District Judge before the Standing Committee, the said recommendation was brushed aside and the officer was terminated on a refusal to declare his probation, which is on the face of it untenable.