H.L. Gokhale, J. - (1.) LEAVE Granted.
(2.) THIS appeal by Special Leave seeks to challenge the judgment and order rendered by a Division Bench of Gujarat High Court dated 15.5.2009, allowing the Special Civil Application No. 2880 of 2008, filed by the Respondent herein. The appeal raises the question with respect to the disputed termination of services of the Respondent herein as a Civil Judge, Junior Division, in the Gujarat Judiciary. The impugned judgment has accepted the contention of the Respondent that the termination of her services was a stigmatic one, and she was removed from her services after an inquiry in which she was not informed of the charges against her, nor was she given the opportunity of being heard in respect of those charges, which are the minimum requirements under Article 311(2) of the Constitution of India. As against that, the contention of the Appellants has been that the Respondent's service was discontinued during the period of her probation, since she was not found suitable for the post she was holding, and it was not a stigmatic termination to attract Article 311(2) of the Constitution of India. Facts leading to this appeal are this wise:
(3.) THE Respondent appeared for the selection for the post of a Civil Judge, Junior Division, in the year 2003, and obtained 7 rank out of 84 candidates, and was appointed as a Civil Judge on 2.3.2005. To begin with, she was placed on probation for a period of two years. Her initial posting was at Rajkot to undergo the training alongwith the District Judge. Subsequent thereto, she was given a full -fledged posting as a Civil Judge and Judicial Magistrate First Class, at Kodinar District Junagadh, by the order of the High Court dated 30.12.2005. She took the charge of the said post on 7.1.2006.;