The Supreme Court has issued a notice to the Registrar General of the Madhya Pradesh High Court regarding the termination of six women civil judges. The former judicial officers assert that their removal lacked a reasonable opportunity for a hearing or a departmental inquiry to establish the presence of "justifiable reasons."
According to the representation submitted by the aggrieved women to the Chief Justice of India, they contend that their termination, which occurred early in their careers, violated statutory provisions.
Background
The controversy revolves around the termination of six women civil judges, whose disposal rates were cited as not meeting the set standards. According to the former judicial officers, they were removed during the early stages of their careers, a move they argue violated statutory provisions. They attribute the low rate of case disposal to the challenges posed by the COVID-19 pandemic.
Notice by Supreme Court
Advocate Gaurav Agarwal has been appointed as amicus curiae to assist the bench in addressing this matter. The Supreme Court, through this notice, questions the procedures followed by the Madhya Pradesh High Court in terminating these judicial officers and seeks clarity on the adherence to principles of natural justice.
The former judicial officers claim that they were removed without being accorded any reasonable opportunity of hearing or the opportunity to participate in a departmental inquiry. This raises critical questions about the fairness of the termination process and whether the affected officers were given a chance to present justifiable reasons for their alleged underperformance.
Allegations of Violation of Statutory Provisions
The women, in their representation to the Chief Justice of India, assert that the termination occurred in violation of statutory provisions. The Madhya Pradesh government, acting on the recommendation of the High Court, terminated the services of these judicial officers in May 2023. This administrative decision has sparked a legal battle, with the former officers challenging the grounds of termination and intervention by the highest court in the country.
Impact of COVID-19 pandemic
The former judicial officers attribute the low rate of case disposal to the challenges posed by the COVID-19 pandemic. This raises questions about whether external factors beyond their control were adequately considered in the decision-making process. The Supreme Court is expected to delve into these complexities during the upcoming hearings.
Upcoming Court Hearing
The Supreme Court has scheduled the next hearing for February 2, marking a crucial date in the legal proceedings. This hearing is expected to provide a platform for a comprehensive examination of the facts, allowing the affected officers to present their case and seek justice.
The legal dispute surrounding the termination of six women judicial officers in Madhya Pradesh raises critical questions about due process, fairness, and adherence to statutory provisions. With the involvement of the Supreme Court, it remains to be seen how this case will shape the landscape of judicial terminations and the rights of officers in the Indian legal system.