HC upholds discharge of probationary civil judge

A two-judge bench of the Telangana High Court dismissed a writ petition challenging the discharge of a probationary Civil Judge (Junior Division), holding that the termination was an order of discharge simpliciter on grounds of unsuitability and was not punitive. The bench comprising Acting Chief Justice P. Sam Koshy and Justice Narsing Rao Nandikonda was hearing a writ petition filed by P. Satyanarayana Rao challenging his discharge pursuant to Government Order dated December 31, 2018.

The petitioner was discharged following allegations of misconduct during institutional training and the registration of a criminal case against him. The Administrative Committee resolved to discharge him under State Judicial Service Rules, a decision subsequently approved by the Full Court. Counsel for petitioner, contended that the discharge was punitive in nature as it was founded on allegations of misconduct.

He argued that a regular departmental inquiry was necessary, and that the criminal complaint concerned the petitioners personal life and that his explanation was not properly considered. He also pointed out that the petitioner completed two years of probation and the subsequent acquittal in the criminal case. Standing Counsel appearing for the High Court, argued that the Administrative Committee, at the time of discharge, considered explanation of the petitioner and his conduct during training before concluding that he was unsuitable for continuation in service. The bench observed the allegations constituted the motive and not the foundation for discharge, and that the termination was neither punitive nor stigmatic.