New Delhi: The Supreme Court on Friday (February 28) set aside the termination of two women judges in Madhya Pradesh on account of adverse reports against them, terming the action against them as “punitive, arbitrary and illegal” and stressed upon greater number of women in judiciary.
A bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh directed that the two women judicial officers be reinstated in service within 15 days.
Verdict also discusses issue of women in Indian judiciary: Apex Court
Justice Nagarathna, while delivering the order, said that the verdict also discusses issue of women in Indian judiciary.
Six women civil judges were terminated by the Madhya Pradesh government over their alleged unsatisfactory performance.
Apex court took suo motu cognisance of the matter
The Supreme Court took suo motu cognisance of the matter, following which the full court of the Madhya Pradesh High Court reconsidered its earlier resolutions passed on August 1, 2024 and decided to reinstate four officers – Jyoti Varkade, Sushri Sonakshi Joshi, Sushri Priya Sharma and Rachna Atulkar Joshi — on certain terms and conditions. It, however, refused to reinstate Aditi Kumar Sharma and Sarita Chaudhary.
The apex court, which had reserved its verdict on December 17 last year, noted that noted that one of judges had suddenly got married, got COVID-19, suffered miscarried and then her brother was diagnosed with cancer during the period of assessment.
What did the apex court say?
“The High Court (Madhya Pradesh) report does not show consistent poor performance of judges and it speaks otherwise. There are inherent contradictions in the ACRs…We have held that opportunity had to be given before termination. Thus, termination is punitive, arbitrary and illegal,” the apex court said.
“They (women judges) are eligible to rejoin and date of probation shall be when their juniors were confirmed. Monetary benefits of the said period shall be calculated notionally for the purpose of pensionary benefits etc and they need to be taken back to service within 15 days in terms of seniority,” the bench added.
Not enough to find comfort in growing number of women judges unless there is comfortable atmosphere for them to work in: SC
The apex court further said that greater representation of women in judiciary will increase the quality of justice being rendered and will also promote gender equality in broader ways and that it is not enough to find comfort in growing number of women judicial officers unless there is a comfortable atmosphere for them to work in.
“We empathise with them, they lost money, finances and gave them anxiety. You must talk to women judicial officers. They take medicines to kill pain on certain days of the month so that they can sit morning till night in court. You must show sensitivity,” the apex court said.
Justice Nagarathna, while hearing the matter earlier, had remarked “if only men had menstruation, they would understand….”
