“Supreme Court Upholds Termination of Probationary Judicial Officer, Declines to Entertain Appeal”
In a recent decision, the Supreme Court of India has upheld the termination of a probationary Judicial Officer, Radha Tiwari, against the State of Uttar Pradesh & Others. The apex court “declined to entertain the Appeal” and stated that “the judgment of the Division Bench of the High Court of Judicature at Allahabad dismissing the Writ Petition under Article 226 of the Constitution cannot be interfered with.”
Radha Tiwari, the appellant in this case, had been terminated from her service in the U P Nyayik Seva without confirmation. The court observed that “there is no provision for deemed confirmation” in the case. The Supreme Court pointed out that the High Court was within its rights to terminate the appellant’s service. “Though Departmental Enquiries were initiated against the appellant, the High Court, in a considered view, decided not to proceed with the enquiries and to discharge the services of the appellant by an order of discharge simpliciter,” the Supreme Court said in its order.
The three-judge bench comprising Hon’ble The Chief Justice, Hon’ble Mr. Justice Pamidighantam Sri Narasimha, and Hon’ble Mr. Justice Manoj Misra found no merit in interfering with the High Court’s decision. “On these facts, bearing in mind the settled position in law,” the court decided to dismiss the appeal.
The decision serves as a significant precedent for future cases involving the termination of probationary officers in various departments. It also underlines the apex court’s position that the High Court’s decisions, especially on matters related to service termination, must be respected unless there are compelling reasons to interfere.
Date of Decision: September 13, 2023
Radha Tiwari vs The State of Uttar Pradesh & Ors
