The Supreme Court reprimanded the Punjab and Haryana High Court for ignoring its order. The apex court said that once it gave the order, then everything should have happened accordingly but it did not happen. The matter is related to an extra marital affair case. The Punjab and Haryana High Court had dismissed two judicial officers from service in 2009 on the charges of alleged extra marital affair against them. These allegations were made by the wife of the male officer. However, the High Court acquitted the female judicial officer of the charges and reinstated her in service, while the petition of the male officer was rejected.
In fact, both the female and male officers had challenged the dismissal of their services in the High Court. On October 25, 2018, the High Court dismissed the petition of the male officer, while a day later, the same bench ordered the reinstatement of the female officer. The court said that there was no concrete evidence of the allegation of extramarital affair leveled against her.
According to the Times of India report, the Punjab and Haryana High Court had appealed to the Supreme Court against the reappointment of the woman officer, but the Supreme Court rejected the appeal. After this decision, the woman officer was reinstated in service. After this, the male officer also approached the Supreme Court. He argued that if there is no evidence of the alleged relationship between him and the woman officer, then he should also be reinstated in service. On 20 April 2022, the Supreme Court quashed the order of the High Court dated 25 October 2018 and also quashed the dismissal order of the Punjab government dated 17 December 2009.
The Supreme Court requested the full bench of the Punjab and Haryana High Court to reconsider the matter. However, despite the Supreme Court order, on 3 August 2023, the High Court reiterated its 2009 decision and the Punjab government issued a fresh order to terminate the services of the male officer on 2 April 2024.
On this, the bench of Supreme Court Justice Vikram Nath and Prasanna B Varale said that once the order of dismissal was cancelled and the High Court’s decision to dismiss the petition challenging that dismissal order was also cancelled by the Supreme Court, then its natural consequence should be that the employee should be taken back in service and then further action should be taken as per the instructions. But this did not happen.
Justice Nath said, “We do not find any justification in the action of the High Court and the State that they did not take the appellant (male judicial officer) back in service after the order of 20 April 2022.” The court also said that in any case, the appellant is fully entitled to salary (from 20 April 2022 to 2 April 2024, when the new dismissal order was issued). He will be paid full salary with all benefits for this period.” The Supreme Court also directed that the state government should pay 50% of the arrears of salary for the period from 18 December 2009, when his services were terminated, to 19 April 2022, when his appeal was accepted by the Supreme Court. For this period also, he will be paid arrears of salary considering him to be continuously in service.