The Supreme Court expressed dissatisfaction with the Punjab and Haryana High Court for not reinstating a judicial officer who was dismissed over an alleged affair with a female colleague. This stance came despite the apex court overturning his termination in 2022.
The case, which has been ongoing since 2009, involves a male judicial officer whose termination was challenged and subsequently reversed by the Supreme Court on April 20, 2022. The reversal was based on a previous decision by the high court on October 25, 2018, which had dismissed his plea against termination. Meanwhile, the female officer implicated in the affair had her termination overturned by the high court, leading to a perceived inconsistency in handling similar cases.
Justices Vikram Nath and P B Varale remarked that following the apex court’s decision to set aside the termination, it was only logical for the officer to be reinstated with full back wages from the date of termination to the reinstatement date, which should align with the date of the Supreme Court’s judgment.
The Supreme Court noted the high court and state’s inaction in reinstating the officer post its 2022 order as unjustifiable, stressing that he should be considered continuously in service since the termination order was vacated. Furthermore, the Supreme Court ruled that from the original termination date in December 2009 until its judgment in April 2022, the officer is entitled to 50% of the back wages, acknowledging his ongoing service status.
The bench also highlighted personal challenges faced by the judicial officer, including a tumultuous marriage and subsequent residential changes that possibly exacerbated the situation leading to the initial complaints and termination. It emerged that the judicial officer had also sought a divorce amidst these personal and professional turmoils.
The ongoing dispute underscores the complexities involved in handling allegations of misconduct within the judiciary and raises questions about the consistency of judicial decisions regarding employment terminations based on personal conduct.
