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TMI Blog2020 (3) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Certain allegations of misdemeanour and corruption in discharge of judicial functions were received during the probation period against a few judicial officers (including Respondents No. 1), on the basis of which the Registrar (Vigilance) of the Rajasthan High Court called for the records and submitted a report dated 05.08.2004. This report was put forth before the Administrative Committee of the High Court, along with a wealth of other material while it was undertaking the confirmation process of over ninety three probationary judges. This five judge Committee sought to determine the suitability of the probationers as per terms and conditions of the appointment by evaluating their integrity, knowledge, conduct and behaviour. In this process the Committee relied upon numerous materials, including reports submitted by their District Judges, Inspecting Judges, ACRs as well the aforementioned report submitted by the Registrar (Vigilance). After due consideration, it was recommended that the services of ninety officers be confirmed, the probationary period of one officer be extended and services of two judicial officers (including Respondent No. 1) not be confirmed. This report wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile allowing the writ petition. CONTENTIONS OF PARTIES 7. Learned counsel appearing for the appellant High Court vehemently contended that the termination order could not be labelled as punitive or arbitrary or having been passed without sufficient material. The report submitted by the Registrar (Vigilance) dated 05.08.2004 when read with various other material on record, sufficiently justified for the appellant to form an opinion regarding the unsuitability of Respondent No. 1. 8. It was then argued that the Division Bench of the High Court erred in entering into the merits of the case, and in doing so transgressed the scope of judicial review and assumed the role of an appellate authority. Learned Counsel while placing reliance on a series of decisions, highlighted that it was a settled position of law that adequacy or reliability of evidence could not be canvassed before the judicial side of a High Court under Article 226 of the Constitution, and the judgment in High Court of Patna v. Pandey Gajendra Prasad (2012) 6 SCC 357, where this Court had held that an order of termination of a judicial officer could not be altered through writ jurisdiction merely on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by a High Court over the decisions taken by its Full Court on administrative side. Although it would be a futile task to exhaustively delineate the scope of writ jurisdiction in such matters but a High Court under Article 226 has limited scope and it ought to interfere cautiously. The amplitude of such jurisdiction cannot be enlarged to sit as an 'appellate authority', and hence care must be taken to not hold another possible interpretation on the same set of material or substitute the Court's opinion for that of the disciplinary authority. This is especially true given the responsibility and powers bestowed upon the High Court under Article 235 of the Constitution. The collective wisdom of the Full Court deserves due respect, weightage and consideration in the process of judicial review. 14. The present case is one where the first respondent was a probationer and not a substantive appointee, hence not strictly covered within the umbrella of Article 311. The purpose of such probation has been noted in Kazia Mohammed Muzzammil v. State of Karnataka (2010) 8 SCC 155: "25. The purpose of any probation is to ensure that before the employee attains the status of confirmed regular e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he scope of judicial interference would be more expansive given the protection under Article 311 of the Constitution or the Service Rules but such may not be true in the case of probationers who are denuded of such protection(s) while working on trial basis. 19. Probationers have no indefeasible right to continue in employment until confirmed, and they can be relieved by the competent authority if found unsuitable. Its only in a very limited category of cases that such probationers can seek protection under the principles of natural justice, say when they are 'removed' in a manner which prejudices their future prospects in alternate fields or casts aspersions on their character or violates their constitutional rights. In such cases of 'stigmatic' removal only that a reasonable opportunity of hearing is sine-qua-non. Way back in Parshotam Lal Dhingra v. Union of India AIR 1958 SC 36, a Constitution Bench opined that: "28.... In short, if the termination of service is founded on the right flowing from contract or the service rules then, prima facie, the termination is not a punishment and carries with it no evil consequences and so Article 311 is not attracted. But even if the G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry period was made at the end of the first respondent's tenure, along with 92 others. Vigilance reports were called not just for the Respondent No. 1 petitioner, but also for at least ten other candidates. It is thus clear that the object was not to verify whether the allegations against the first respondent had been proved or not, but merely to ascertain whether there were sufficient reasons or a possible cloud on his suitability, given the higher standard of probity expected of a judge. 23. The vigilance report suggests that one of the factors which prompted the Administrative Committee or the Full Court to not confirm Respondent No.1, was his action granting bail in the matters under the NDPS Act. It has not been alleged nor it may be true that the first respondent granted bail in NDPS matters owing to illegal gratifications or any other extraneous consideration. The stand taken by him before us is that bail was granted keeping in mind `equitable and humanitarian considerations'. We find no merit in such an explanation. The question of exercising equity arises only when the Court is conferred jurisdiction expressly or by implication. Respondent No.1 was expected to be in know ..... X X X X Extracts X X X X X X X X Extracts X X X X
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