A District Judge (DJ) in India has challenged her discharge from probation in a writ petition filed with the High Court. The crux of the case lies in whether the discharge was a simple administrative decision based on performance or a punitive measure stemming from ongoing departmental inquiries.

The DJ, appointed directly, was on probation when allegations of misconduct surfaced related to a judgment she delivered. While a departmental enquiry was initiated, the High Court administration sought judgments from her batch for a separate assessment of their probation completion.

Based on these evaluations, a committee recommended discharging the DJ, deeming her unsuitable for the position. However, the DJ contends that the discharge order is essentially a punishment disguised as an administrative decision. She argues that it is directly linked to the enquiry into her alleged misconduct.

The High Court, on the other hand, maintains that the discharge is "simpliciter," meaning it's based solely on the quality of her judgments and not punitive. Here's where legal principles come into play.

Courts often look beyond the form of an order (discharge simpliciter) to its actual purpose. Previous cases like Radhey Shyam Gupta and Pavanendra Narayan Verma established that discharge following an enquiry is often considered punitive. This is especially true if the enquiry findings directly influence the decision.

The case becomes even more intricate due to the unique structure of the Judicial Service. Unlike other services, the High Court's Full Court wields disciplinary control over judges. Additionally, confirmation or discharge of probation involves an Administrative Committee and the Full Court.

The High Court defends its position by highlighting the separate track taken to assess the DJ's batch for probation completion. They claim that the request for judgments was solely for evaluation purposes and not linked to the ongoing enquiry.

The final verdict from the court is yet to be delivered. The key point to be decided is whether the discharge order, despite its "simpliciter" label, was truly based on the quality of the DJ's judgments or influenced by the departmental enquiry findings. The existence of this separate probation assessment track, as argued by the High Court, could be a crucial factor in the court's final decision.