Two Judicial Officers terminated from job for having extra-marital affair, Now SC gives its order on this case
In a recent case, the Supreme Court of India expressed its displeasure with the Punjab and Haryana High Court for not following its previous order. The issue revolves around two judicial officers, a male and a female, who were accused of being involved in an extramarital affair. The allegations were brought up by the wife of the male officer, leading to both officers being dismissed from service in 2009.
The Dismissal of the Officers
Back in 2009, the Punjab and Haryana High Court dismissed the two officers based on these allegations. Both officers appealed the decision in court. On October 25, 2018, the High Court dismissed the male officer’s petition but reinstated the female officer just one day later. The court ruled that there wasn’t sufficient evidence to prove the extramarital affair against her.
High Court’s Appeal to the Supreme Court
Following the reinstatement of the female officer, the Punjab and Haryana High Court filed an appeal with the Supreme Court, challenging her reappointment. However, the Supreme Court rejected this appeal, reaffirming that the female officer should be reinstated.
This led the male officer to also approach the Supreme Court, arguing that if there was no solid proof of the affair, he should be treated the same as the female officer and reinstated. On April 20, 2022, the Supreme Court quashed the earlier dismissal order against him and the High Court’s 2018 decision to reject his appeal.
Supreme Court Orders Reconsideration
The Supreme Court then asked the Punjab and Haryana High Court to review the case again. Despite this clear instruction, on August 3, 2023, the High Court upheld its 2009 decision to dismiss the male officer. As a result, the Punjab government issued a fresh termination order on April 2, 2024, once again dismissing the male officer from his position.
Supreme Court’s Reprimand
In response to this, a bench led by Supreme Court Justices Vikram Nath and Prasanna B Varale criticized the High Court and the state government for failing to reinstate the male officer after the Supreme Court’s clear order in 2022. Justice Nath emphasized that the natural consequence of the Supreme Court’s 2022 decision should have been the male officer’s reinstatement, followed by any further legal action as required.
The Supreme Court declared that there was no justification for not reinstating the male officer after the April 2022 order. The court further directed that the male officer is entitled to his full salary and benefits from April 2022 until his fresh termination in April 2024.
Additionally, the Supreme Court ordered that the state government must pay 50% of the male officer’s back wages from the time his services were first terminated in December 2009, until April 2022. This payment must account for the fact that the officer was effectively in service during this time.
Conclusion
This case highlights the importance of following the directives of the Supreme Court. The court has made it clear that its decisions must be respected, and any deviation from them could lead to further legal consequences. The male officer’s long legal battle may not be over, but the Supreme Court’s recent rulings have paved the way for his compensation and potential reinstatement.
