The Supreme Court expressed its displeasure with the Punjab and Haryana High Court for not reinstating a judicial officer who was dismissed over allegations of an affair. The officer had been cleared of misconduct charges, yet the High Court failed to reinstate him.
New Delhi: The Supreme Court expressed dissatisfaction with the Punjab and Haryana High Court’s decision not to reinstate a judicial officer who was dismissed over an alleged affair with a female judicial officer, despite the top court overturning his termination in 2022.
The case has been oscillating between the High Court and the Supreme Court since 2009.
A bench comprising Justice Vikram Nath and Justice P.B. Varale, in a recent order, observed that on April 20, 2022, the Supreme Court set aside the High Court’s October 25, 2018, decision, which rejected the male judicial officer’s challenge to his dismissal from service.
The top court directed the full bench of the High Court to reconsider its decision to terminate the officer.
Additionally, the Supreme Court noted that on October 26, 2018, the same High Court division bench allowed the female judicial officer’s petition and overturned her dismissal, rejecting the allegations of an illicit relationship.
The Supreme Court bench recently stated,
“Once the termination order has been set aside by the Supreme Court in 2022, and the High Court’s judgment dismissing the writ petition challenging the termination has also been overturned, the natural outcome is that the employee must be reinstated and then dealt with in accordance with the directions,”
The bench further emphasized that when a termination order is nullified, the employee considered to be in continuous service.
The bench said,
“We see no justification for the inaction of both the High Court and the state in failing to reinstate the appellant (a judicial officer) following the April 20, 2022 order. Neither the High Court nor the state took steps to reinstate the appellant or made any decisions regarding back wages for the period between the initial termination and the date of reinstatement, which should coincide with the date of this court’s judgment,”
It also clarified that the judicial officer is entitled to full salary from April 20, 2022, until a new termination order issued on April 2, 2024, with all benefits applicable, treating the appellant as continuously employed.
The bench directed that for the period from December 18, 2009, following the termination order of December 17, 2009, until April 19, 2022, the day before the Supreme Court’s judgment,
“we believe that justice will be served by granting the appellant 50 percent of the back wages, treating him as continuously in service.”
The court further noted that these back wages should be calculated with all benefits under the law, as if the appellant remained in service.
The bench also allowed the judicial officer the option to challenge the High Court’s full court resolution dated August 3, 2023, and the termination order dated April 2, 2024, before the High Court.
The judicial officer had joined the Punjab Civil Services (Judicial Branch) in 2006. At the time, he was already married, but his marriage faced frequent disputes. In an effort to avoid further escalation, he moved out of the official residence to private accommodation, while his wife and mother-in-law stayed in the official quarters.
However, in November/December 2008, his wife filed a complaint alleging his involvement with a female judicial officer, along with accusations of assault and using a private vehicle not registered in his name.
On April 22, 2009, the judicial officer filed for divorce. On December 4, 2009, a Committee of Judges, which reviewed the work and conduct of probationers, recommended that both the appellant and the female judicial officer were unfit to remain in service.
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In a meeting on December 7, 2009, the full court of the High Court accepted the Committee’s report and resolved to terminate both officers’ services through a “termination simpliciter” order.
The appellant’s duties were withdrawn on December 7, 2009, and the Punjab government issued an order on December 17, 2009, officially terminating his service. On the same day, the female judicial officer was also terminated. Both officers then challenged the High Court’s decision and the state government’s termination order.
While the High Court dismissed the male officer’s plea, it reinstated the female judicial officer.