SB Khandelwal was posted at Pune and Thane districts. Her probation was extended on September 11, 2007. She was terminated on October 21, 2008 on the recommendation of the high court (administrative side).
The Bombay high court has upheld the dismissal of a lower court judge observing that it is the quality of work and not merely quantity of case disposal rates that decides the performance of a judge.
The division bench of justice BH Marlapalle and justice UD Salvi heard the appeal filed by SB Khandelwal against her dismissal. She was appointed to the post of civil judge, junior division and judicial magistrate first class on September 12, 2004. Her appointment on probation for a period of two years could be extended.
Khandelwal was posted at Pune and Thane districts. Her probation was extended on September 11, 2007. She was terminated on October 21, 2008 on the recommendation of the high court (administrative side).
She challenged her dismissal stating that till April 2007 her disposal rate was “noteworthy” and there was no complaint of her character or integrity. Hence, there can be no case to terminate her under the Bombay Judicial Services Rules 1956 which are repealed. She also stated that there was no provision to extend her probation beyond two years as Maharashtra Judicial Service Rules 2008, which were brought into force before the order to terminate her, was passed.
The high court registrar (Legal) filed an affidavit stating that when Khandelwal was appointed Bombay Rules were applicable and hence her discontinuation ought to be covered under it. He added that her entire record and relevant factors were considered before recommending discontinuing her as a judicial officer.
The judges said that merely because her disposal record was found to be noteworthy it cannot be said that her performance was satisfactory and she deserved to be confirmed. “The quality of her order/judgment decided her performance and not the rate of disposal alone,” the judges noted. “If such officers are confirmed in service, adjudication of disputes/legal rights in conformity with the facts and law would be a casualty.”
The judges reiterated that the parameter to decide performance for being retained as a judge is “the quality of disposal”.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}