Woman judges sacked: SC takes suo motu note

The Supreme Court has sought a response from the Madhya Pradesh high court administration regarding the termination of services of six women civil judges.

The Supreme Court on Friday sought a response from the Madhya Pradesh high court administration on the latter’s recommendation terminating the services of six women civil judges in June 2023 for poor performance, initiating proceedings on its own motion (suo motu).

Three of them wrote to the Supreme Court in December, contending that they have been terminated from service in the initial phases of their career (HT File Photo)

A bench of justices BV Nagarathna and Sanjay Karol also issued notices to the six officers and fixed the next hearing on February 2. In its brief order, the court noted that three of these former judges have already approached the Madhya Pradesh high court against their termination, but the matter was yet to be taken up.

“Since the Hon’ble the Chief Justice of India has directed registration of the suo motu proceedings in respect of all six officers, notices must be issued to all six. Issue notice to these officers as well as the registrar general of the Madhya Pradesh high court, returnable in three weeks,” the court said in its order.

During the brief hearing, the court heard advocate Gaurav Agarwal, who was appointed as an amicus curiae to assist it. Agarwal pointed out that the bench may have to seek assessment records of other 300-odd judicial officers who were confirmed by the high court administration last year. “A comparative analysis will have to be done. My understanding is that a judicial officer on probation is usually abosrbed as permanent judges after serving for more than four years in service.”

At this point, justice Karol recalled how he had convinced the Patna high court administration to relax the norms so that all probationary judicial officers could be made permanent after they had served a particular period as judges and their performance met the relaxed norms.

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The services of six women civil judges were terminated in June 2023 after the administrative committee and full court meeting of the Madhya Pradesh high court found their performance during the probation period unsatisfactory. Upon the recommendation of the high court, the state law department issued their termination orders.

The women judges whose services were terminated are: Sarita Chaudhary (posted at Umaria), Rachna Atulkar Joshi (posted at Rewa), Priya Sharma (posted at Indore), Sonakshi Joshi (posted at Morena), Aditi Kumar Sharma (posted at Tikamgarh) and Jyoti Barkhade (posted at Timarni).

Three of them wrote to the Supreme Court in December, contending that they have been terminated from service in the initial phases of their career despite the fact that the quantitative assessment of their work could not be carried out fairly on account of outbreak of the Covid-19 pandemic. The assessment, in so far as disposal was concerned, the judicial offices said, could not be the yardstick to terminate their services when the courts were forced to work in a limited manner due to the pandemic. Another officer separately moved an impleadment plea in the suo motu matter.