Thursday, February 12

Delhi High Court Upholds Probationary Judge’s Dismissal, Citing Three Key Reasons

New Delhi: The Delhi High Court has dismissed a petition filed by an Additional District Judge challenging his dismissal during the probationary period. The bench, comprising Justice Anil Kshetrapal and Justice Amit Mahajan, ruled that the termination was entirely ordinary and within the bounds of law.

Court Observations:
The High Court clarified that the constitutional safeguards under Article 311(2) and principles of natural justice do not apply to probationary terminations. The bench noted that the decision to dismiss the judge was based on a comprehensive assessment of performance, conduct, and service record, including a poor Annual Confidential Report (ACR) and complaints presented before the Full Court.

Case Background:
The controversy began after a video surfaced on 9 September 2024, showing the petitioner allegedly speaking in an improper and discourteous manner to a litigant. At the time, he was serving as an Additional District Judge at Dwarka Court in the South-West District.

Petitioner’s Argument:
The judge argued that the viral video was used as the sole reason for dismissal, making the termination akin to a punitive action. He claimed that the rules for probationary terminations should not allow such action based on an alleged misconduct.

Respondents’ Rebuttal:
The opposing side clarified that the dismissal was not triggered by the video alone. They emphasized that the petitioner’s 2023 ACR had already been reviewed by the Inspecting Judges’ Committee in August 2024, and the decision to terminate his service followed a Full Court meeting after careful evaluation.


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