Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.

In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009 (based on a recommendation of the Full Court of the P&H HC) terminating the services of the judicial officer. The Supreme Court also set aside the judgment of the High Court which had dismissed the officer's challenge to the termination order. Further, the Court requested the Full Court of the High Court to reconsider the matter.

Following the Supreme Court's judgment, the Full Court reconsidered the matter and reiterated its earlier recommendation made in 2009 to terminate the services of the officer. Following that, the State of Punjab, on 29.01.2024, passed an order terminating the services of the officer with retrospective effect from 17.12.2009 (the date when work was withdrawn from him by the HC based on complaints against him).

In this backdrop, the officer filed a Miscellaneous Application in the disposed of petition, seeking reinstatement to service pursuant to the the Supreme Court's judgment.

Considering the application, the bench comprising Justices Vikram Nath and PB Varale observed that there was no justification for not reinstating the officer once his dismissal was set aside.

"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 which should be the date of the judgment of this Court."

The Court observed that the officer was at least entitled to salary from the date of judgment dated 20.04.2022 till fresh termination order was passed on 02.04.2024. The Court held that he would 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, the Court was 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.

Regarding the fresh termination order dated 02.04.2024 based on the High Court's resolution dated 03.08.2023, the Court said that the officer would be at liberty to challenge the same by way of a new writ petition.

Senior Advocate PS Patwalia appeared for the applicant and Senior Advocate Nidhesh Gupta represented the High Court. Gaurav Dhama, Additional Advocate General of Punjab, represented the State.

Case : Anantdeep Singhv v. High Court of Punjab & Haryana at Chandigarh and another.

Citation : 2024 LiveLaw (SC) 683

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