The Supreme Court of India has overturned the termination of two women judicial officers from Madhya Pradesh, calling the decision “punitive, arbitrary, and illegal.” The court has directed their reinstatement within 15 days, restoring their seniority and ensuring they receive pensionary benefits.
A bench comprising Justices B.V. Nagarathna and N.K. Singh ruled that the Madhya Pradesh government and the Madhya Pradesh High Court must declare the probation of the two officers as per the date when their juniors were confirmed (May 13, 2023). Although they will not receive back pay, their period of termination will be counted for pension benefits.
Personal Hardships Ignored in Performance Evaluation
The court examined the individual cases of the two officers, Sarita Chaudhary and Aditi Kumar Sharma, and found serious flaws in how their performance was assessed.
One officer, Aditi Kumar Sharma, faced significant personal challenges during her probation period. She got married, was diagnosed with COVID-19, suffered a miscarriage, and had to care for a brother battling cancer. Despite these hardships, the Madhya Pradesh High Court gave her adverse remarks in her Annual Confidential Report (ACR) without considering her circumstances. The Supreme Court emphasized that such matters should be handled with sensitivity.
In the case of Sarita Chaudhary, the court found that she was never given a chance to respond to a pending complaint against her. Moreover, the court noted contradictions in her ACRs, raising questions about the fairness of the evaluation process.
Women in Judiciary Face Unique Challenges
In a strongly worded judgment authored by Justice Nagarathna, the Supreme Court highlighted the difficulties women face in the judiciary. The court noted that a miscarriage has both physical and mental health consequences, which should have been taken into account when reviewing Aditi Kumar Sharma’s performance.
The judgment stressed the need for a more sensitive and supportive work environment for female judicial officers. “It is not enough to find comfort solely in the growing number of female judicial officers if we are unable to ensure for them a sensitive work environment and guidance,” the ruling stated.
Justice Nagarathna also spoke about the broader struggles women face in the profession. She observed that many women take painkillers just to sit through long court hours on certain days of the month, and such realities must be acknowledged.
A Flawed Termination Process
The Supreme Court also criticized the Madhya Pradesh High Court’s approach to handling judicial vacancies. Justice Nagarathna pointed out that when judicial officers are sent to vacant courts, it takes time to revive them. Notices must be issued, witnesses must appear, and cases must be prepared for hearing. Blaming officers for low case disposal rates in such situations is unfair, she said.
The issue of termination dates back to 2023, when six women civil judges were dismissed from service following a recommendation by the Madhya Pradesh High Court’s Administrative Committee. Following intervention from the Supreme Court, the High Court reinstated four of them, but Sarita Chaudhary and Aditi Kumar Sharma had to approach the top court for justice.
Conclusion
With this ruling, the Supreme Court has reinforced the importance of fairness and sensitivity in judicial evaluations, particularly for women officers facing personal and professional challenges. The decision serves as a strong reminder that workplace policies must consider human circumstances, especially in high-pressure roles like the judiciary.
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