The Madhya Pradesh High Court has upheld the dismissal of civil judge Kaustubh Khera, who was accused of bizarre conduct during his probation period, including making lawyers and police officers do sit-ups and chasing court staff from the dais.
A Division Bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain, in its May 7 judgment, found that the discharge was not punitive but based on the judge’s overall unsatisfactory performance during probation.
Khera, appointed as a judicial officer in 2019, was relieved from service in 2023 following a recommendation from the High Court’s Administrative Committee and the Full Court. He challenged the decision, claiming he had been punished without an inquiry based on seven complaints, including misuse of contempt powers, verbal abuse, and disciplinary action against his own peon.
One complaint alleged that Khera ordered lawyers and police officers to touch their ears and do sit-ups in contempt proceedings. Another stated he chased court staff mid-hearing.
However, the Court clarified that the discharge did not stem from these complaints alone and was not punitive in nature. It ruled:
“Taking a punitive action for misconduct is one thing and arriving at a satisfaction that whether the officer would shape into a suitable officer or not, on the basis of performance during probation period is altogether different.”
The Court acknowledged that a discreet inquiry had been conducted by District Judge Nadeem Khan, who found some substance in the allegations, but it noted that no formal charge sheet or departmental action followed.
Emphasizing the authority of the Full Court to assess a probationer’s suitability, the Bench said:
“It is only the superior authorities of the department that have to take work from the officer concerned and they are the best people to judge whether the officer concerned should be continued in service or not having regard to his performance, conduct and overall suitability for the job.”
The Court concluded that there was no legal flaw in the decision to discharge Khera under Rule 11(c) of the MP Judicial Service Rules, 1994, which allows termination of probationers found unsuitable.
“Therefore, the petition being devoid of merits, deserves to be and stands dismissed,” the judgment said.
Case: Kaustubh Khera vs The State of Madhya Pradesh and Ors – Available on LAWFYI.IO
