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TMI Blog2022 (2) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... ade solely on the basis of the complaint made by the then D & SJ, Gwalior without verifying the veracity thereof. Not only this, but it is evident that the then Judge had not looked into the annexures attached with the representation, which included the fee receipts etc. of the Petitioner's daughter. It is trite that the State is under the obligation to act fairly without ill will or malice--in fact or in law. "Legal malice" or "malice in law" means something done without lawful excuse. It is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite. Where malice is attributed to the State, it can never be a case of malice or spite on the part of the State. It would mean exercise of statutory power for "purposes foreign to those for which it is in law intended". It means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others. The Petitioner's resignation dated 15th July 2014, could not be construed to be voluntary. In any case, immediately in a fortnight, on 1st August 2014, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry context where the term "Dismissal/dismissed" is used; c. Issue an appropriate writ, order or direction in the nature of mandamus directing the reinstatement of the Petitioner as an Additional District and Sessions Judge from the date of her resignation i.e. 15.07.2014, with continuity in service at S. No. 134 of the list of District Judges(Selection Grade) of the Gradation List according to Clause 4 of the Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 2017, back wages according to Clause 3(b) of the Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 2017 and all service benefits and all consequential reliefs; 2. The bare minimum facts, necessary for adjudication of the present petition are as under: The Petitioner was selected in the competitive examination of Madhya Pradesh Higher Judicial Services at District Entry Level (direct recruitment from Bar) conducted in the year 2011, and stood 2nd in the said examination. On her selection, the Petitioner was posted as a 2nd to 1st Additional District and Sessions Judge (hereinafter referred to as the "AD & SJ") at Gwalior on 1st Augu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e President of India, the Chief Justice of India, with a copy to Chief Justice of MP High Court, with the following prayer: (i) Appropriate action be taken, after fact-finding; (ii) Re-consider circumstances under which Petitioner was coerced & exerted duress upon, until the only option she had was to resign; (iii) Institute an appropriate mechanism for redressal of grievances like the above, of sub-ordinate services judicial officers. 6. Between 1st August 2014 and 18th December 2014, certain events took place with regard to the Inquiry into the alleged conduct of Justice 'A', which culminated in the judgment passed by this Court in the case of Additional District and Sessions Judge 'X'. v. Registrar General, High Court of Madhya Pradesh and Ors. (2015) 4 SCC 91. The said events are duly recorded in the said judgment and therefore, it is not necessary to refer to them in detail. 7. In pursuance to the aforesaid judgment of this Court, the Chief Justice of India sought a preliminary inquiry report from the then Chief Justice of the Karnataka High Court and on receipt thereof, constituted an In-House Committeeheaded by the then Chief Justice of Allahabad High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19, vide order dated 21st February 2019, expressed that the said Bench should not deal with the matter on merits and directed the matter to be placed before another Bench. It appears that thereafter again suggestions were made by this Court to the parties to amicably settle the matter. It appears that at one point of time, this Court also suggested that the Respondent No. 1 should re-consider the issue of Petitioner's re-instatement in service and that after re-instatement, she could be sent on deputation outside the State or she could be adjusted in some other State. It is the case of the Petitioner that though the said suggestion was acceptable to her, the MP High Court re-iterated its stand. In this background, the matter has come up before us. 11. At the outset, it is to be noted that, counsel for the Petitioner clarified that the Petitioner is not pressing the present matter on the ground of sexual harassment by Justice 'A', but is limiting her submissions with regard to the transfer order being illegal and mala fide, and the consequent resignation amounting to constructive dismissal. We have therefore refrained ourselves from making any reference to the allegatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; to 'C', from 'C' to 'D' and from 'D' to 'A'. However, the Petitioner was directly transferred from Category 'A' city to 'C' city. The learned Senior Counsel submitted that the JIC, in its report, had clearly found the Petitioner's transfer to be contrary to the Transfer Policy. 15. Smt. Jaising further submitted that from the record, it is clear that the Petitioner's transfer was not made on administrative grounds, but on the grounds of the complaint made by the then D & SJ, Gwalior. It is submitted that the JIC had also found that the transfer of the Petitioner was made on the basis of the complaint made by the then D & SJ, Gwalior. It is submitted that the JIC had further found from the evidence of the then Judge, MP High Court, who was a Member of the Transfer Committee that, the transfer was made solely on the basis of the complaint made by the then D & SJ, Gwalior. 16. Smt. Jaising further submitted that from the evidence of the then Judge on the Transfer Committee recorded by the JIC, it was clear that the representations of the Petitioner were also not considered by the Transfer Committee in the right earnes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enged, and in any case, cannot be questioned or assailed in ancillary proceedings like the present one. 21. Shri Mehta further submitted that though, the findings of the JIC with regard to transfer of the Petitioner being irregular, are beyond the scope of its "Terms of Reference", at best, the transfer could be construed to be irregular. He submitted that assuming that the transfer order of the Petitioner was irregular and even mala fide, the same having not been challenged at the relevant point of time, the validity thereof cannot be challenged in the present proceedings. He submitted that the concept of "coercion resulting into resignation" is a concept, which is developed in the western countries with regard to labour jurisprudence, and that in any case, such reliefs can be granted only when such a fact is duly established by leading evidence. 22. The learned Solicitor General submitted that the only contention of the Petitioner with regard to coercion is that she had to resign on account of mid-term transfer order. He submitted that a transfer is an incidence of service. He submitted that a mid-term transfer cannot be said to be "coercion" so as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court is interfered with by this Court, it will not only stigmatize the individuals manning the institution but the entire institution. 26. Shri Mehta submitted that the submissions, which he is making are not on the instructions of the MP High Court, but are being made by him as an Officer of the Court. He submitted that what is sought to be urged by the Petitioner is that the whole of the MP High Court as an Institution connived together and ensured to create such circumstances, that she had no other option but to tender her resignation. He submitted that if the Petitioner's contention is accepted, it will have catastrophic effects. 27. Shri Mehta submitted that the scope of judicial review by this Court of a decision of the Full Court of a High Court, is very limited. He submitted that this Court cannot sit in an appeal over the decision of the Full Court of a High Court. An interference would be permitted only in the rarest of rare cases. He relies on the following judgments of this Court in support of this proposition: Syed T.A. Naqshbandi and Ors. v. State of Jammu & Kashmir and Ors. (2003) 9 SCC 592; Registrar General, High Court of Patna v. Pandey Gajendra P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be equally applied in the present case, irrespective of the fact that one of the parties is a High Court and the other one is a Judicial Officer. 33. Though, arguments have been advanced before us with regard to constructive discharge and the reliance is placed on the judgments of Courts in United Kingdom and United States, we do not find it necessary to go into that issue. We are of the considered view that the law as enunciated by this Court with regard to scope of judicial review of a State action, would squarely cover the issue. 34. With this note, we proceed to examine the facts in the present matter. 35. No doubt that the JIC, in its Report dated 15th December 2017, has come to a clear finding that the transfer of the Petitioner was in contravention of the Transfer Policy laid down by the MP High Court and as such, was irregular. The JIC has also come to a finding that the representations made by the Petitioner were not appropriately considered by the MP High Court. The JIC further came to a finding that Justice 'A' had interfered with the transfer of the Petitioner and also had a role to play in the rejection of her representations. The JIC has also come to a find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er posted at a particular place, the period of 6 months or above shall be rounded off and treated as full year; (v) Clause 9 of the Transfer Policy carves out the exceptions in cases where an extension of tenure can be granted. Sub-clause (a) of Clause 9 specifies a ground, that such an extension would be available if a daughter (not son) of the Judicial Officer is studying at the place of his current posting, and is in the Final Year of a Board Examination or University Examination, and the educational Institution where such daughter is studying, does not have hostel facility for girls. It further provides that the said criteria are for the Officers seeking over-stay in Category 'A' places. It further clarifies that insofar as Category 'B', 'C' or 'D' places are concerned, the said facility would be available irrespective of the ward being a son or a daughter and further provides that the availability of hostel facility will not be essential. It further provides that the request on the said ground can be considered only if the facts with regard to education of the daughter and non-availability of hostel facility in the Institution are certified by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served; (ix) In accordance with Clause 16 of the Transfer Policy, a transfer takes place normally from Category 'A' to 'B', from 'B' to 'C', from 'C' to 'D' and from 'D' to 'A' or lower Category places; (x) In accordance with Clause 17 of the Transfer Policy, the Registrar General shall, by 15th of February each year, prepare a list of Officers, who will be completing their tenure/posting. It further provides that the Judicial Officers whose request for over-stay has been allowed will be excluded from that list and the Officers whose request for pre-mature transfer has been allowed, will be added to that list. The said Clause also requires to prepare a chart mentioning therein the details as required under the said Clause. The purpose appears to be, to ensure an equitable distribution of judicial work for Officers all over the State; (xi) Clause 18 of the Transfer Policy provides that an attempt should be made to post the husband and wife at the same place, if both are working as Judicial Officers in the State of Madhya Pradesh. It further provides that, if that is not possible, an attempt should be made to post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e or on his behalf, a Committee of two senior Judges nominated by the Chief Justice, will have overriding powers to pass any order regarding the transfer or posting of any Judicial Officer at any time; (xx) Clause 28 of the Transfer Policy enables the Chief Justice to delegate his powers to any other Judge/Officer or Committee of Judges/Officers for implementation of the Policy/Guidelines. 38. It could thus be seen that the Transfer Policy incorporated by the MP High Court has provided in detail, the procedure that is required to be followed with regard to effecting the transfer of the Judicial Officers, their tenure at a particular posting, the circumstances in which the case should be considered for permitting the Judicial Officers to stay beyond the prescribed period and the manner in which the representation is to be considered etc. 39. No doubt that the said Transfer Policy is only a set of Guidelines for internal administration of the District Judiciary issued by the MP High Court. However, while exercising its functions on the administrative side, the MP High Court would also be a State within the meaning of Article 12 of the Constitution of India. We may gainfully refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Lords give a similar indication of the significance of the doctrine of legitimate expectation. Shri A.K. Sen referred to Shanti Vijay and Co. v. Princess Fatima Fouzia [(1979) 4 SCC 602 : (1980) 1 SCR 459] which holds that court should interfere where discretionary power is not exercised reasonably and in good faith. 40. It could thus be seen that this Court has held that mere reasonable or legitimate expectation of a citizen may not by itself be a distinct enforceable right. It is further held that the failure to consider and give due weight to it may render the decision arbitrary. It has been held that the requirement of due consideration of a legitimate expectation forms part of the principle of non-arbitrariness, which is a necessary concomitant of the Rule of law. Every legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimant's perception but in larger public interest wherein other more important considerations may outw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tre, Gwalior. She further stated that her husband, due to compelling circumstances and for looking after his aged parents, had to stay in Delhi and practically, she had to play the role of both a father and a mother for her daughters and had to draw a balance between her profession and dependent children. She further made a request to the Competent Authority to allow her to stay in Gwalior till her daughter completes her Class 12th examination. The said representation was rejected within two days i.e. on 11th July 2014. The then RG made an endorsement to the following effect: Hon'ble the transfer Committee in its meeting held on 7.7.2014 has recommended transfer of Smt. Madan from Gwalior to Sidhi on administrative ground, after considering the request of D&S Judge, Gwalior with regard to her conduct and behavior. It is gathered that adequate educational facilities including CBSE School are available at Sidhi. Therefore, the matter is submitted for kind consideration and order. The then Judge of the Transfer Committee of the MP High Court made the following endorsement on the same day: The representation may be rejected as it does not call for any consideration. 45. Aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as required that the matter should be placed before the concerned Portfolio Judge within a week, who was required to return the file within a period of one week thereafter, with his comments/opinion. 47. Undisputedly, neither the procedure as prescribed Under Clause 9 of the Transfer Policy of obtaining the comments from the District Judge and the Portfolio Judge were complied with, nor the Transfer Committee considered the provisions of Clause 9(a) of the Transfer Policy. 48. When Sub-clause (a) of Clause 9 of the Transfer Policy provided, that the case of a Judicial Officer for an extension should be considered if such Judicial Officer's daughter (not son) was to appear for the final year of Board Examination or University Examination, and when such educational Institution where such daughter is studying, does not have hostel facility for girls, the Petitioner had a legitimate expectation that the MP High Court would consider her request in accordance therewith. Not only that, such a concession of extension would have been available only if the District Judge certified that there is no hostel facility available in such educational Institution. It also further required the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tee in a mechanical manner. 51. The transfer is sought to be justified in view of Clause 22 of the Transfer Policy. One of the grounds on which the transfer could be made in mid-term, is that the performance of such Judicial Officer is found to be below the norms prescribed. The same is admittedly not available in the present case. The Petitioner's performance in the assessment made by the then D & SJ, Gwalior on 15th January 2014 for the assessment year 2013, has been found to be 'very good'. That leaves us with the second ground available Under Clause 22 of the Transfer Policy, that a transfer can be made if the grounds exist for initiating an inquiry against such a Judicial Officer. The same is also not the case here. 52. It is sought to be urged that the transfer of the Petitioner was made in the public interest or in the interest of the administration inasmuch as there was a requirement of an Additional Judge at Sidhi. The then Judge on the Transfer Committee has specifically admitted in his deposition before the JIC that at the relevant point of time, the pendency at the 4 places which were mentioned by the Petitioner in her second representation, was much highe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itrary, the initial burden to prove the arbitrariness is discharged shifting onus on the State to justify its action as fair and reasonable. If the State is unable to produce material to justify its action as fair and reasonable, the burden on the person alleging arbitrariness must be held to be discharged. The scope of judicial review is limited as indicated in Dwarkadas Marfatia case [(1989) 3 SCC 293] to oversee the State action for the purpose of satisfying that it is not vitiated by the vice of arbitrariness and no more. The wisdom of the policy or the lack of it or the desirability of a better alternative is not within the permissible scope of judicial review in such cases. It is not for the courts to recast the policy or to substitute it with another which is considered to be more appropriate, once the attack on the ground of arbitrariness is successfully repelled by showing that the act which was done, was fair and reasonable in the facts and circumstances of the case. As indicated by Diplock, L.J., in Council of Civil Service Unions v. Minister for the Civil Service [(1984) 3 All ER 935] the power of judicial review is limited to the grounds of illegality, irrationality an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emant Vimalnath Narichania and Ors. (2010) 9 SCC 437: 25. The State is under obligation to act fairly without ill will or malice--in fact or in law. "Legal malice" or "malice in law" means something done without lawful excuse. It is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite. It is a deliberate act in disregard to the rights of others. Where malice is attributed to the State, it can never be a case of personal ill will or spite on the part of the State. It is an act which is taken with an oblique or indirect object. It means exercise of statutory power for "purposes foreign to those for which it is in law intended". It means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others, which intent is manifested by its injurious acts. (Vide ADM, Jabalpur v. Shivakant Shukla [(1976) 2 SCC 521 : AIR 1976 SC 1207], S.R. Venkataraman v. Union of India [(1979) 2 SCC 491 : 1979 SCC (L&S) 216 : AIR 1979 SC 49], State of A.P. v. Goverdhanlal Pitti [(2003) 4 SCC 739 : AIR 2003 SC 1941], ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61. This Court has held that normally an order of transfer, which is an incident of service should not be interfered with, unless it is found that the same is mala fide. It has been held that mala fide is of two kinds--one 'malice in fact' and the second 'malice in law'. When an order is not based on any factor germane for passing an order of transfer andbased on an irrelevant ground, such an order would not be sustainable in law. 62. At the cost of repetition, we may say that though it is the case of the Respondent No. 1 that the transfer order of the Petitioner dated 8th July 2014, was on the ground of administrative exigencies, the material placed on record and particularly, the depositions of the then Judge on the Transfer Committee and the then RG, would clearly show that it was on the basis of the complaint made by the then D & SJ, Gwalior. It is a different aspect that the JIC had come to a specific finding of fact, that the evidence on record clearly shows that Justice 'A' had a role to play in the transfer of the Petitioner and the rejection of her two representations. We are therefore of the considered view that the transfer order dated 8th July 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the Transfer Committee, in its meeting held on 7th July 2014, had recommended the transfer of the Petitioner on administrative grounds after considering the request of the then D & SJ, Gwalior with regard to conduct and behaviour of the Petitioner. On the said proposal, the then Judge on the Transfer Committee had directed the representation of the Petitioner to be rejected. As such, it could be seen that the Respondent No. 1 had not at all taken into consideration as to whether the Petitioner's case was required to be considered Under Clause 9(a) of the Transfer Policy or not. 65. Insofar as the second representation dated 11th July 2014 is concerned, the Petitioner had specifically stated that since her daughter was preparing for Board and Competitive Exams and also taking FIITJEE coaching, she may be transferred to such places as Sehore, Raisen, Dewas or Ujjain, where her daughter could continue with her education. It could thus be seen that, whereas in the first representation, the Petitioner had sought retention at Gwalior, in the second representation, she had requested for posting at any of the 4 places as aforesaid. However, the then RG made an endorsement on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted mostly the crucial stage of career of my class XII daughter. Therefore I am left with no option but to resign from my post. I hereby resign from the post of Additional District and Sessions Judge and I am ready to submit my salary as per Rules and clear all my dues, if any. I humbly request your kind self to please accept my resignation and relieve me with immediate affect and oblige. 69. It is sought to be urged on behalf of the Respondent No. 1, that the said resignation is voluntary, acted upon by the authority and thus, there was severance of relationship between the employer and employee. 70. The learned Solicitor General submitted that it was an impulsive decision to resign only on account of mid-term transfer. He submitted that, to hold that a mid-term transfer would amount to coercion resulting into resignation, would be catastrophic. He further submitted that such a plea would not be available to a Judicial Officer, who is discharging the sovereign function of dispensing justice and who is trained to be independent, fearless, non-impulsive and to act in accordance with law. 71. No doubt, that a Judicial Officer while discharging his/her duties, is expected to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Policy, the Petitioner made a representation to the MP High Court on the very next day, requesting the Respondent No. 1 that she be retained at Gwalior, at least till her daughter completes her Class 12th education, but the same was rejected within a short period of two days. She made her second representation on 11th July 2014, requesting the Respondent No. 1 to give her alternate posting at any of the 4 cities mentioned therein, where her daughter could continue with her education. All the 4 cities were Category 'B' cities. In normal circumstances, a Judicial Officer, who is in Category 'A' city, is required to be transferred to Category 'B' city. However, to her utter shock, the same was also rejected within three days. 77. One cannot imagine the trauma which the Petitioner must have faced during this short period of time. She was also not aware that she was being transferred on the ground of the complaint made by the then D & SJ, Gwalior, who himself appears to have joined at Gwalior sometime in 2014, after the then D & SJ, Gwalior, who had assessed the Petitioner for the year 2013, was transferred. She had come to know about the complaint at a much ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration, exasperation and frustration. The frustration of the Petitioner is evident from the language used by her in her resignation letter. She stated that as she had been transferred to Sidhi in the mid-academic session of her daughter's Class 12th, it had mostly affected the crucial stage of career of her daughter. She stated that therefore, she was left with no other option but to resign from her post. It appears that in a gruesome battle between a mother and a Judicial Officer, the Judicial Officer lost the battle to the mother. 81. Reaction of a person to a particular situation would depend from person to person. No two individuals can be expected to respond identically to a same situation. It is quite possible that some other person in the Petitioner's place, would have chosen to pursue one's own career without bothering about the daughter's education and prospects of good career. 82. On the very next day of submission of resignation, the MP High Court forwarded her resignation with the recommendation to accept the same and thereafter, immediately on the very next day, the Respondent No. 2 accepted the same. 83. It will be apposite to refer to the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not under duress and the word is defined generally as meaning the act of resigning or giving up, as a claim, possession or position. 8. In P.K. Ramachandra Iyer v. Union of India [(1984) 2 SCC 141 : 1984 SCC (L&S) 214] this Court had an occasion to consider the nature and character of a letter written by one of the Petitioners in that case who after stating in the letter that he has been all along patiently waiting for the redressal of his grievance, yet justice has not been done to him and as such, after showing so much patience in the matter, I am sorry to decide that I should resign from the membership of the Faculty in protest against such a treatment and against the discrimination and victimization shown to me by the Head of the Division in the allotment of students of 1968 and 1969 batches and departmental candidates. (SCC p. 172, para 34) In that context, this Court observed that the callous and heartless attitude of the Academic Council in seizing an opportunity to get rid of him by treating the said letter to be a letter of resignation when really he was all along making representations seeking justice to him and out of exasperation the said person wrote that lette ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that such a letter coming from the Appellant in the teeth of suspension order and proposed domestic enquiry expressing a desire to tender resignation and that too with immediate effect, cannot but be a resignation outright and simpliciter to avoid facing disciplinary proceedings and that, therefore, the competent authority acted well within its rights in treating it to be a resignation and accepting the same forthwith and as a consequence thereof, directing further not to proceed with the domestic enquiry already ordered. Finally, it has been submitted that if this Court is pleased to interfere in the matter the right of the hospital authorities to pursue the disciplinary action already initiated from the stage at which it stood on the date of acceptance of the resignation should not be jeopardized and liberty may be granted in this regard. 10. We have carefully considered the submissions of the learned Counsel appearing on either side, in the light of the materials and principles, noticed supra. This is not a case where it is required to consider as to whether the relinquishment envisaged under the Rules and conditions of service is unilateral or bilateral in character but wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Conditions of Service, is unilateral or bilateral in character. In the present case also, the words "with immediate effect" in the resignation letter could not be given undue importance, dehors the context, tenor of language used therein, indicating the circumstances in which it was written. The resignation letter in the present case, as has already been discussed hereinabove, appears to be on account of exasperation and frustration actuated by a thought, that injustice was being meted out to her by the very Institution of Judiciary. 85. We further find that the breakneck speed at which the events have taken place in the present matter, gives rise to a suspicion, that there is something more than which meets the eye. On 3rd July 2014, the then D & SJ, Gwalior, who appears to have joined the service a short while ago, addressed a complaint to the then RG. The said D & SJ, Gwalior, in his deposition before the JIC, has clearly admitted that the instances mentioned in the complaint, were not within his personal knowledge, but were on the basis of the complaints made to him by other Judicial Officers. He further admitted that the complaints were with regard to the perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the circumstances under which, she was left with no option but to resign. Though, it may not be possible to observe that the Petitioner was forced to resign, however, the circumstances enumerated hereinabove, would clearly reveal that they were such, that out of frustration, the Petitioner was left with no other alternative. 88. It is contended on behalf of the MP High Court that the Petitioner, who was on probation, had voluntarily tendered her resignation, which was accepted and as such, led to an irrevocable severance of relationship of the employer and employee. In this regard, it is to be noted that the Petitioner was initially appointed on probation for a period of two years on 1st August 2011. Her probation was completed on 1st August 2013. Admittedly, there has been no order extending the period of probation of the Petitioner from 1st August 2013 onwards. On the contrary, she was assigned with various additional duties in the year 2013. Not only this, but her assessment for the assessment year 2013, during which, she would be deemed to be confirmed, was 'very good'. We therefore find that the said contention is nothing but an after-thought. 89. Insofar as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns made by this Court on more than one occasion would have been accepted, the exercise of examining the factual scenario, could have been avoided. In any case, we have restricted our inquiry only to the facts, which we found necessary to decide the present case. We have refrained ourselves from going into the details of the findings of the JIC, so as to protect the dignity of all concerned. We have refrained ourselves from mentioning a single name in our judgment. 92. In that view of the matter, the contention of the learned Solicitor General with regard to stigmatizing the MP High Court is without substance. 93. Insofar as the contention, that if this Court holds the resignation in the present case to be coercive, it will have far-reaching effects on the administration of judiciary is concerned, the same is also without substance. It will be apposite to refer to the following observations made by this Court in the case of Union of India and Others v. Dhanwanti Devi and Ors. (1996) 6 SCC 44: 9. ... It is not everything said by a Judge while giving judgment that constitutes a precedent. The only thing in a Judge's decision binding a party is the principle upon which the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts. 95. As has already been discussed hereinabove, we may reiterate that we have decided the present matter only on the basis of the peculiar facts and circumstances, as are found in the present matter. We do hope, that in future, similar facts would never arise for consideration, at least in a lis between a High Court and a Judicial Officer. However, we may remind ourselves of the dictum that law is supreme and no one is above law. It would be apt to reproduce the words of Thomas Fuller, which have been quoted by Lord Denning, "Be ye never so high, the law is above you". 96. Before we part with the judgment, we find it our duty to place on record our appreciation for the valuable assistance rendered by Smt. Indira Jaising, learned Senior Counsel and Shri Tushar Mehta, learned Solicitor General of India. 97. In the result, the writ petition is partly allowed in the following terms: (i) We hold and declare that the Petitioner's resignation from the post of Additional District & Sessions Judge, Gwalior dated 15th July 2014, cannot be con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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