The Madhya Pradesh High Court has upheld its decision to terminate six women judicial officers, as informed to the Supreme Court. The officers, citing challenges during the Covid-19 pandemic, claim their dismissal was based on insufficient work standards. The case, involving procedural violations and allegations of fundamental rights violation, is set for further proceedings on April 30.
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NEW DELHI : On 23rd February, the Madhya Pradesh High Court has affirmed its earlier decision to terminate the services of six women judicial officers, despite the Supreme Court’s directive to reconsider the decision. The apex court, on February 2, had given the high court a three-week window to review its stance on the termination of the six judicial officers. The counsel representing the high court communicated the decision to adhere to the initial termination to a bench of Justice B V Nagarathna and Augustine George Masih.
The bench, handling a Suo motu petition initiated after three of the terminated judicial officers approached the Supreme Court, has scheduled further proceedings for April 30. The Supreme Court had taken cognizance of the matter on January 12, issuing notices to the registrar general of the high court and the dismissed judicial officers. Senior advocate Gaurav Agrawal is acting as an amicus curiae in the case, with Advocate Tanvi Dubey representing one of the former judicial officers.
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Agrawal had informed the top court that no adverse remarks were made about the performance of the former judicial officers by the high court’s administrative committee. He mentioned that three of the six former judicial officers had also approached the high court against their dismissal, and their petition is currently pending.
The terminated officers had earlier moved the Supreme Court, challenging their termination despite the challenges posed by the Covid-19 pandemic.
In a statement, they mentioned-
“It is further submitted that the officers along with three other female officers were appointed in Judicial Services in the state of Madhya Pradesh. They are alleged to be terminated from service primarily on account of disposal not being up to the standards set.”
The termination orders were issued by the state law department in June 2023 after the administrative committee of the high court and a full court meeting found their performance during the probation period unsatisfactory.
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An application filed by one of the former judges through advocate Charu Mathur sheds light on alleged procedural violations during the termination process. The applicant, despite having an unblemished service record of four years, claims to have been terminated without due process. She argues that her termination violates her fundamental rights under Articles 14 (right to equality before the law) and 21 (right to life and personal liberty) of the Constitution.
The application further states-
“It is a settled law that maternity and child care leave is a fundamental right of a woman and also the infant; therefore, the evaluation of the applicant’s performance for the probation period on the basis of the leave taken by her as part of maternity and child care is grossly violative of her fundamental rights.”
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