Supreme Court pulls up HC for not reinstating judge despite order quashing his termination over 'affair'

The Supreme Court recently voiced its concern at the Punjab & Haryana High Court and State of Punjab's failure to reinstate a judicial officer whose removal from service over an alleged 'affair' with another judicial officer was overturned by the top court in 2022 [Anantdeep Singh v. High Court of Punjab & Haryana at Chandigarh and Another]..A division bench of Justice Vikram Nath and Justice PB Varale concluded that the High Court and the State had no rationale in not reinstating the officer after his dismissal was overturned by the apex court."Once the termination order is set aside and judgment of the High Court dismissing the writ petition challenging the said termination order has also been set aside, the natural consequence is that the employee should be taken back in service and thereafter proceeded with as per the directions. Once the termination order is set aside then the employee is deemed to be in service. We find no justification in the inaction of the High Court and also the State in not taking back the appellant into service after the order dated 20.04.2022. No decision was taken either by the High Court or by the State of taking back the appellant into service and no decision was made regarding the back wages from the date the termination order had been passed till the date of reinstatement," the Court said in its judgment of September 6..The case arose inn 2009, the wife of judicial officer (appellant) alleged that her husband was having an illicit relationship with another woman judicial officer. She accused him of harassing her on that account.After a thorough enquiry, the committee of judges overseeing the work of judicial officers recommended the termination of both the judicial officers. The full court of the Punjab and Haryana High Court accepted the recommendation and passed a resolution to that effect.On December 17, 2009, the Punjab government passed an order accepting the full court resolution and approving the termination of both from service.Aggrieved by the termination, both appellant and the lady officer moved the High Court. The High Court allowed the plea of lady officer and directed her reinstatement, stating that the allegations of illicit relationship did not stand established. However, the High Court rejected the plea of the appellant.On April 20, 2022, in appeal by the appellant, the Supreme Court overturned the Punjab government's 2009 order to terminate the appellant-judicial officer's employment. The Supreme Court had also set aside the High Court's decision of 2018 that dismissed the appellant's challenge to the termination order. Furthermore, the Court had asked the full court of the High Court to re-examine the case of the appellant.Following the Supreme Court's decision, the full court of High Court on August 3, 2023 examined the appellant's case and upheld its 2009 recommendation to terminate his services. Following that, on April 2, 2024, the State of Punjab issued an order terminating the officer's employment with retrospective effect from December 17, 2009.Aggrieved, the appellant moved an application before the top court seeking reinstatement as the termination was already set aside by the top court..In its decision of September 6, the Bench expressed displeasure on the High Court and State not reinstating the appellant despite his termination being set aside by the apex court in 2020.The Court said that the appellant was entitled to salary from the date of the court's judgment (April 20, 2022) when his termination was set aside till fresh termination order passed on April 2, 2024. It was also made clear that the appellant would also be entitled to full salary for the above period to be calculated with all benefits admissible treating the appellant to be in continuous service."Insofar as the period from 18.12.2009 i.e., after the termination order of 17.12.2009 was passed till 19.04.2022 the date prior to the judgment and order of this Court, we are of the view that ends of justice would be served by directing that the appellant would be entitled to 50 percent of the back wages treating him to be in service continuously. Such back wages to be calculated with all benefits admissible under law to the appellant as if he was in service," the Court clarified.As regarding the fresh termination order passed by the State on April 2, 2024, the Court said that the appellant-officer would be at liberty to challenge the same before the High Court..Senior Advocate PS Patwalia appeared for the judicial officer.Senior Advocate Nidhesh Gupta appeared for the Punjab & Haryana High Court.Additional Advocate General Gaurav Dhamma appeared for the State of Punjab..[Read Judgment]