Dismissal – Misconduct in education department – Disciplinary inquiry by the High Court after appointment as Civil Judge
The appellant was working as a Teacher in the Education Department from 30.12.2014. She possesses the qualifications of B.A. B.Ed. LL.B. and LL.M.
On 18.11.2017, Advertisement for the post of Civil Judge was issued.
On 11.2.2019, the appointment order was issued, and she joined the Rajasthan Judicial Service.
On 17.2.2020, the High Court had given show-cause notice and called for an explanation on certain queries.
Inquiry report on five counts on obtaining the Degrees while in service, she had pursued B.Ed. & LL.B. degree simultaneously, that she did not obtain NOC from the education department for Civil Judge post examination and this was concealed from the High Court, was submitted.
On 29.5.2020, the appellant was discharged from service.
HELD that the show cause notice dated 17.2.2020 given by the High Court shows that the misconduct, if any, relates to the service period prior to joining the post of Civil Judge. So far as the allegations of suppression of material information of past government service, the appellant gave resignation on 25.10.2018 and on the date of interview of 2.11.2018, she was not long a government servant. The question of disclosing the past government service is certainly not a material irregularity or serious misconduct for which she ought to be discharged from service. This is certainly not the case where the appellant has suppressed criminal antecedents which may materially affect her commitment to the judiciary.
Judgment dated 22.5.2025 of the Supreme Court of India in SLP [Civil} No.23529 of 2023 Pinky Meena Vs. The High Court of Judicature for Rajasthan at Jodhpur and another
