Supreme Court Unhappy with Non-Reinstatement of Dismissed Judicial Officer

The Supreme Court has expressed dissatisfaction with the Punjab and Haryana High Court's failure to reinstate a judicial officer who was dismissed alongside another female officer allegedly involved in an affair. Despite a Supreme Court directive in 2022 to reinstate the officer, the High Court has not complied, leading to the Supreme Court's displeasure.

A bench comprising Justice Vikram Nath and Justice Pamidighantam Sri Narasimha noted in its recent order that the Supreme Court had, on April 20, 2022, quashed the October 25, 2018, dismissal order against the male judicial officer. The High Court was directed to re-evaluate its dismissal order, but this has not been executed. Additionally, the Supreme Court had previously set aside the High Court's October 26, 2018, decision that dismissed the female judicial officer on similar charges of misconduct.

The Supreme Court reiterated that, following the annulment of the dismissal orders in 2022, the concerned judicial officer should have been reinstated to service with full compliance with the court's directions. However, no action has been taken by the High Court or the state on this matter, nor has any decision been made regarding her reinstatement or back pay.

The court underscored that the judicial officer is entitled to full pay and benefits from April 20, 2022, to April 2, 2024, until the new dismissal order takes effect. All benefits should be restored as if she were continuously in service during this period. The Supreme Court's orders are in response to the High Court's full bench recommendations, which followed the Punjab government's dismissal of both judicial officers on December 17, 2009.

The Supreme Court's insistence on compliance underscores its commitment to ensuring that judicial officers receive fair treatment and that courts adhere to due process, especially when higher judicial directives are involved. The case highlights the judiciary's role in maintaining accountability within its ranks and protecting the rights of judicial officers against arbitrary dismissals.