In Brief
The Supreme Court set aside the termination of two female Civil Judges from Madhya Pradesh Judicial Service during probation. The Court held that although probationers lack an indefeasible right to continue, terminations cannot be arbitrary or based on unproven misconduct without procedural fairness. The terminations were illegal because unapproved Annual Confidential Reports were used, adverse remarks were not communicated timely, and complaints formed the hidden foundation for removal. The Court emphasized that holistic performance assessment must consider personal hardships (including miscarriage and COVID-19), and gender-sensitive evaluation is constitutionally required. The petitioners were reinstated with consequential benefits, subject to conditions regarding seniority and pension calculations.
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