Judicial Service – Matrimonial discord between appellant and his wife – Allegations against the appellant of having an illicit relationship with a lady judicial officer – The Full Court of the High Court accepted the report of the Committee of Judges dated 04.12.2009 and appellant along with the lady judicial officer were terminated from the services – Aggrieved, both appellant and lady judicial officer filed separate writ petitions – The writ petition filed by the lady judicial officer was allowed and her termination order was set aside – However, the writ petition filed by the appellant was dismissed – Assailing the correctness of the judgment, appellant filed SLP – On 20.04.2022, this Court set aside the impugned judgment of the High Court dated 25.10.2018 and termination order dated 17.12.2009 and directed the Full Court of the High Court to reconsider the matter – The Full Court of High Court in its meeting dated 03.08.2023 reiterated its earlier decision of terminating appellant – Correctness:
Held: 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 – There is 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 – During the pendency of the said M.A., the State of Punjab passed an order dated 02.04.2024 terminating the services of the appellant with retrospective effect i.e. 17.12.2009 – In any case, the appellant was entitled to salary from the date of judgment dated 20.04.2022 till fresh termination order was passed on 02.04.2024 – 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 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 – Insofar as the challenge to the resolution of the Full Court of the High Court dated 03.08.2023 and termination order dated 02.04.2024 is concerned, the appellant would be at liberty to challenge the same by way of a writ petition before the High Court which may be decided on its own merits. [Paras 21, 22, 23]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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