The Supreme Court has expressed frustration over the Punjab and Haryana High Court and the Punjab government for their failure to reinstate a judicial officer whose dismissal was overturned by the apex court in 2022. Despite the Supreme Court’s decision nullifying the officer’s termination, the authorities have taken no steps toward his reinstatement, prompting stern remarks from the bench.
Back in 2009, the officer’s service was terminated following a recommendation from the Full Court of the Punjab and Haryana High Court, which was upheld by the Punjab government. However, the Supreme Court set aside this decision in 2022, also quashing the High Court’s ruling that had dismissed the officer’s appeal.
Despite the Supreme Court’s clear judgment, the Full Court revisited the matter only to reaffirm their original stance of termination. In line with this, the Punjab government passed an order in early 2024, retroactively terminating the officer’s services, dating back to 2009.
In response, the officer sought intervention from the Supreme Court through a fresh application, requesting reinstatement based on the 2022 ruling. The Court, headed by Justices Vikram Nath and PB Varale, criticized the inaction by both the High Court and the Punjab government, stating there was no justification for the delay in his reinstatement.
The bench emphasized that once the termination order was set aside, the natural course of action would have been to restore the officer to his position. The justices noted that no decision had been made on his return to service, nor was there any determination regarding back pay, which should have been resolved from the moment the dismissal was annulled.
The Court further ruled that the officer is entitled to full salary from the date of the Supreme Court’s 2022 judgment until his re-termination in 2024. Additionally, he would receive 50% of back wages from the date of his initial termination in 2009 until the Supreme Court’s ruling in 2022, calculated with all the benefits of continuous service.
The officer is now free to challenge the new termination order from 2024 by filing a fresh petition.
