In a recent rebuke, the Supreme Court of India has criticized the Punjab & Haryana High Court and the State of Punjab for their failure to reinstate a judicial officer after his dismissal was overturned. The apex court’s Division Bench, consisting of Justice Vikram Nath and Justice PB Varale, expressed discontent with the High Court and State’s lack of action following the court’s 2022 decision to nullify the officer’s termination.
The controversy traces back to 2009 when the judicial officer faced dismissal over allegations of an affair with a fellow judicial officer, claims that were later deemed unfounded. Despite the Supreme Court’s ruling in April 2022 invalidating the termination, and a subsequent judgment in September 2023 upholding the initial decision, the officer remained out of service.
The Court’s latest judgment, issued on September 6, emphasized that once the termination was invalidated, the officer should have been reinstated with full back pay. The ruling noted that the High Court and the State’s inaction lacked justification, as they had not made any decisions regarding the officer’s reemployment or back wages.
In addition, the Court directed that the officer should receive 50 percent of back wages for the period between the original termination in December 2009 and the date of the Supreme Court’s April 2022 ruling. The officer is entitled to full salary from April 20, 2022, to April 2, 2024, with all benefits, reflecting a continuous service status.
The Court also clarified that the officer could contest the fresh termination order issued by the State in April 2024. This case underscores the need for judicial authorities to adhere to apex court rulings and ensure fair treatment of dismissed employees.
