The Supreme Court reinstated Pinky Meena as civil judge after the Rajasthan High Court had discharged her from service for failing to disclose her earlier employment as a government teacher.
The apex court directed her reinstatement with all consequential benefits, including seniority and notional pay fixation, while denying back wages.
The Court also held that she must be treated as a confirmed judge, having successfully completed her probation.
While criticising the High Court's decision, the bench observed that the punishment imposed was entirely out of proportion.
Meena, a native of Bamanwas sub division in Sawai Madhopur district, is daughter of father Sampat Ram Meena and Badam Devi of Sundari village. She is the first RJS officer from her village.
What is the case?
The trainee judiciary officer, Pinky Meena, had been appointed to the Rajasthan Judicial Service in 2018. During her probation in 2020, she was discharged on the ground that she had failed to disclose her earlier employment as a government teacher and had pursued a postgraduate degree in law without obtaining a no-objection certificate.
The discharge order was confirmed by a full court resolution of the Rajasthan High Court in 2023. Meena then filed a petition before the High Court seeking to quash the order but was unsuccessful. She then moved the Supreme Court.
The top Court noted that Meena had resigned from her government teaching post on October 25, 2018, before her RJS interview in November 2018. Given this, the Court held that not disclosing her earlier employment at the time of the interview could not be construed as a serious lapse.
On the issue of failing to obtain a no-objection certificate from her previous employer, the Court accepted Meena's explanation that the RJS rules did not require such permission, and reiterated that her resignation predated her selection.
The Court also criticised the enquiry process conducted by the Rajasthan High Court's Registrar (Vigilance), noting that Meena was not provided with the inquiry report or an effective opportunity to defend herself.
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