COURT STAFF MASS LEAVE DISCIPLINARY ACTION APPROVED

by | Jul 30, 2025

Supreme Court approves action on Rajasthan court staff mass leave under ESMA.

Supreme Court upholds disciplinary action against Rajasthan court staff over mass leave protest disrupting courts.

Case in News

Court staff mass leave disciplinary action approved sparks Supreme Court debate on strikes by judicial employees .

Case Overview

Case NameRajasthan Judicial Employees Association vs State of Rajasthan, W.P.(C) No. 000713 / 2025

A bench of CJI BR Gavai and Justice K Vinod Chandran heard the Rajasthan Judicial Employees Association’s plea to quash disciplinary steps ordered by the Rajasthan High Court against nearly 20,000 district court staff who went on mass leave . The protest—triggered by the State’s failure to implement a 2022 cadre-restructuring plan—paralysed courts for three working days . The Supreme Court condemned the tactic, likening it to holding the judiciary “at gun-point .”

Key Aspects

The Court examined the protest’s legality, its impact on justice delivery and staff-management protocol .

  • Seven-day strike including three sitting days, halted case disposal statewide .
  • Staff bypassed Registrar General, writing directly to the Chief Minister—seen as grave indiscipline .
  • Single-judge order (Justice Ashok Kumar Jain) invoked ESMA to restore essential services .
  • High Court set 25 July deadline to resume duties; many returned only later .
  • State now pursuing charge-sheets and other disciplinary measures against absentees .

Legal Insights

Proper statutory bases for sanctions were highlighted :

  • Essential Services Maintenance Act, 1968 –  prohibits strikes in notified essential services; prescribes imprisonment/fine for violations .
  • Rajasthan Subordinate Courts Staff Service Rules, 1955 – Rule 34 permits suspension for “wilful absence” without leave .
  • Article 229(2), Constitution empowers High Courts to regulate conditions of service for their employees .
  • Article 19(1)(c) freedom of association is curtailed by reasonable restrictions under Article 19(4) when public interest demands .
  • Contempt of Courts Act, 1971 2(c)(iii) covers acts obstructing administration of justice; strikes may attract contempt .

Court’s Verdict

The Supreme Court of India dismissed the writ petition endorsing the Rajasthan High Court’s decision to initiate proceedings under ESMA and service rules . The bench stressed that judicial employees must channel grievances through lawful avenues—not by crippling courts—and allowed disciplinary action to continue unchecked .

 

Source – Supreme Court of India 

Read alsoIndian Constitution 

 

 

 

 

 

 

 

 

 

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

Related Posts