Report No. 116

Probation

5.12. Every person recruited to Indian Judicial Service either by way of direct recruitment on the result of a competitive examination or by promotion from State Judicial Service shall be put on probation for a period of two years. In the case of direct recruit from the senior and experienced members of the Bar, the period of probation should not extend over one year. It would be open to the National Judicial Commission to extend the period of probation upon a report of the High Court under whom the concerned person is working for a period not exceeding two years. A probationer may be discharged from service or reverted to his substantive post, as the case may be,-

(1) if he fails to pass the departmental examination, if any, within the prescribed attempts on the completion of his training period but before the expiry of the extended period of probation, if any;

(2) upon a report of the High Court under whom he is posted certifying that the probationer concerned lacks character and integrity and acts in a manner unbecoming of a judicial officer or has not the requisite capacity to discharge the functions of his office.

The probationer shall be discharged upon an order made by the President of India upon the recommendation of the National Judicial Service Commission which would be entitled to collect every material requisite for reaching the decision one way or the other from the High Court under whom the probationer has been posted and has worked.