Parth Bajaj
On March 1st 2025, the Supreme Court of India reinstated two women judges, Aditi Kumar Sharma and Sarita Chaudhary, who had been arbitrarily terminated from service based on adverse reports by the Madhya Pradesh High Court and the State Government. The case, In Re: Termination of Civil Judge, Class-II (JR. Division) Madhya Pradesh State Judicial Service, was taken up suo motu by the Court after six women civil judges were dismissed in June 2023. While four had been reinstated following judicial intervention in September 2024, Sharma and Chaudhary remained out of service due to negative performance assessments. A Bench comprising Justices BV Nagarathna and N Kotiswar Singh criticized the termination orders as punitive and unlawful, emphasizing that the judges were not given a fair opportunity to respond before being dismissed.
The Supreme Court, after reviewing the sealed-cover report submitted by the High Court, found no justification for their termination. The Bench stated, “The High Court 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 Court further ruled that the termination was stigmatic in nature and should not have been used as grounds for dismissal. Consequently, it set aside the termination orders, along with the administrative and government directives, and directed their immediate reinstatement.
In addition to reinstating the judges, the Court ruled that their probation period should be considered from the time their juniors were confirmed. It also ordered that their monetary benefits be calculated notionally for pensionary purposes. Justice Nagarathna gave a strong message on gender equality in the judiciary, stating, “It is important to understand their entry, then their retention in numbers, and advancement to senior echelons of judiciary. Greater representation of women in judiciary will increase the quality of justice being rendered and it also promotes gender equality in broader ways.” She further highlighted the discrimination faced by women during pregnancy and the severe mental and physical impact of miscarriages on their well-being.
The Court expressed empathy for the judges, acknowledging the financial and emotional hardships they had endured. It also urged judicial authorities to be more sensitive toward women judges, recognizing the physical challenges they often faced while performing their duties. “We empathize with them, they lost finances,money, 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 from morning till night in court. You must show sensitivity,” the bench observed. The ruling set a significant precedent for gender justice in the judiciary, reinforcing the need for fair treatment, accountability, and a supportive work environment for women in the legal profession.
Case Name: In Re: Termination Of Civil Judge, Class-II (Jr. Division), Madhya Pradesh State Judicial Service
Case Number: SMW(C) No. 2/ 2023
Bench: Justices BV Nagarathna and N Kotiswar Singh