In a significant judgment reinforcing principles of fairness and representation, the Supreme Court on Thursday reinstated Pinky Meena, a woman from a Scheduled Tribe, to her position as a civil judge after the Rajasthan High Court had discharged her from service over minor procedural lapses.
A Bench comprising Justices BV Nagarathna and Satish Chandra Sharma held that the discharge was not only disproportionate but also violated principles of natural justice. “In the considered opinion of this Court, the appellant has been awarded capital punishment for a minor irregularity (omission),” the Bench observed, sharply criticising the Rajasthan High Court’s decision.
Meena, who had resigned from her job as a government teacher prior to her judicial interview in 2018, was discharged in 2020 during her probation for failing to disclose her previous employment and for pursuing a postgraduate law degree without a no-objection certificate (NOC). The discharge was later upheld by a full court resolution in 2023.
However, the Supreme Court found no substance in these grounds. It noted that Meena’s resignation came before her judicial service interview, rendering the omission irrelevant. “The question of disclosing the past government service is certainly not a material irregularity or a serious misconduct for which she ought to be discharged from service,” the Court stated.
Regarding the lack of an NOC for her LLM studies, the Court accepted her explanation and clarified that the relevant judicial service rules did not mandate such a requirement.
The judgment also took issue with the procedural lapses during the internal enquiry by the Rajasthan High Court. Meena had not been given access to the inquiry report nor afforded an opportunity to defend herself. “The order discharging the appellant from service violates principles of natural justice, as the appellant was not provided an opportunity to be heard during the enquiry,” the Court held.
The Court further emphasised the broader implications of the case for gender and social representation in the judiciary. “The appellant has shown great perseverance by fighting societal stigmas and gaining a rich education that will ultimately benefit the judicial system and the democratic project,” it observed, underlining the importance of encouraging women’s participation in the judiciary.
Setting aside the discharge order and 2020 show cause notice, the Court ordered Meena’s reinstatement with full consequential benefits including seniority and notional pay fixation, although back wages were denied. She is now to be treated as a confirmed judge, having completed her probation successfully.
Case: Pinky Meena vs The High Court of Judicature for Rajasthan at Jodhpur & Anr. – Available on LAWFYI.IO
