Termination of Judicial Officer – Acts of Insubordination and Non-Compliance During Probation Justify Termination – P&H High Court
The High Court of Punjab and Haryana, in a significant ruling, has upheld the termination of a judicial officer for acts of insubordination and suppression of material facts. The Court emphasized that the conduct of a judicial officer during the probation period is crucial for confirmation of service, and any deviation from expected standards cannot be overlooked.
Facts and Issues:
The case revolved around the petitioner, Abhinav Kiran Sekhon, who challenged the termination of his service during the probationary period as a Civil Judge (Junior Division). The termination was based on allegations of insubordination, unauthorized overseas travel, and suppression of material facts from the High Court.
The petitioner contended that his service should have been automatically confirmed post the maximum probation period and that the termination was arbitrary, violating principles of natural justice.
Court’s Assessment:
The Court, in its detailed assessment, categorically stated, “the scope of interference in judicial review is extremely limited, and the Court has to review only the ‘decision making process’ and not the ‘decision’ itself.” It observed that the acts of the petitioner demonstrated a blatant disregard for the procedural norms and guidelines, thereby rendering him unsuitable for continuation in service.
Justice Lapita Banerji noted, “An officer who repeatedly committed acts of insubordination/suppression during the period of probation would continue with such acts and inappropriate behavior unabated after confirmation, setting a bad example for the other judicial officers.”
Decision:
The writ petition was dismissed, and the termination of service was upheld. The Court’s decision underscored the necessity for judicial officers to exhibit conduct befitting their role and highlighted the limited scope of judicial review in administrative decisions concerning judicial service.
Date of Decision: February 29, 2024
Abhinav Kiran Sekhon vs State of Punjab and Another
