LI Network
Published on: October 12, 2023 at 12:08 IST
The Patna High Court, in a recent decision on October 12, 2023, has ordered the reinstatement of a judicial officer, Anchal Dwivedi, whose probation was terminated in 2014 due to alleged unsatisfactory performance.
The division bench, of Chief Justice K Vinod Chandran and Justice Partha Sarthy, found that there was no substantial evidence or material to support the termination decision made by the Standing Committee.
As a result, the High Court ordered the reinstatement of Anchal Dwivedi with all associated benefits, seniority, and continued service, while limiting the back wages payable to 50 percent.
Dwivedi had argued that he had a successful tenure with positive performance assessments. However, the High Court administration had stated that the termination was not punitive and was based on complaints against him. Dwivedi contended that these complaints were driven by personal enmity from a district judge.
The Court emphasized that while the appointing authority can terminate a probationer’s services without an inquiry or explanation, there should be valid and relevant material to justify such an action.
The termination must be supported by reasonable grounds that can satisfy the Court.
Upon reviewing Dwivedi’s service records, the Court found that although there were complaints against him during his posting at Bikramganj, he was exonerated after a disciplinary inquiry. Furthermore, his service was consistently graded as outstanding for over four and a half years by the High Court.
The Court concluded that there was a total absence of material justifying the Standing Committee’s decision and allowed Dwivedi’s writ plea, thereby overturning his termination.