Case Note & Summary
The petitioner, Haleema, was initially appointed as a Civil Judge (Jr.Dn.) on probation on 02.07.1999 and joined on 26.07.1999. She was later relieved due to the issue of rural weightage. However, the Government adopted a policy of absorption under the Karnataka Civil Services (Absorption of the persons appointed to the State Civil Services with the benefit of Rural Weightage) (Special) Rules, 2003, and she was appointed as Civil Judge (Jr.Dn.) in the Karnataka Judicial Service on 17.11.2005 and posted to Gulbarga. The grievance in the writ petition was that despite her diligent, honest, and sincere service, and without any notice or inquiry, she was discharged from service. The court considered whether such discharge was legal. The court held that since the petitioner was absorbed under the Absorption Rules and not appointed as a fresh candidate, and had rendered more than seven years of service, her discharge without any notice or inquiry was illegal and violative of principles of natural justice. The court quashed the order of discharge dated 15.05.2008 passed by the first respondent and directed the respondents to reinstate the petitioner with all consequential benefits.
Headnote
A) Service Law - Absorption - Discharge - Natural Justice - Karnataka Civil Services (Absorption of the persons appointed to the State Civil Services with the benefit of Rural Weightage) (Special) Rules, 2003 - Petitioner, absorbed as Civil Judge under Absorption Rules, was discharged without notice or inquiry - Held that discharge without notice or inquiry is illegal and violative of principles of natural justice (Paras 1-3).
Issue of Consideration
Whether the discharge of the petitioner from service without any notice or inquiry is legal and valid.
Final Decision
Writ petition allowed. Order dated 15.05.2008 passed by the first respondent is quashed. Respondents directed to reinstate the petitioner with all consequential benefits.
Law Points
- Natural justice
- Absorption Rules
- Discharge without notice
- Service law
- Judicial service
