The Punjab & Haryana High Court, on the judicial side, upheld the protection of two judicial officers involved in an extramarital relationship, despite administrative action dismissing them due to allegations made by the male officer’s wife, which were later deemed baseless. The male and female officers contested their termination before the High Court. On October 25, 2018, the court dismissed the male officer’s petition, but the following day ordered the reinstatement of the female officer, finding no evidence of the alleged relationship. The Supreme Court upheld this reinstatement.
The male officer subsequently sought reinstatement, arguing that if the allegations against the female officer were unsubstantiated, his termination should also be reversed. On April 20, 2022, the Supreme Court annulled the High Court’s October 25, 2018 order and directed a reconsideration of the male officer’s termination. Despite this, the High Court reaffirmed its 2009 decision on August 3, 2023, leading to a renewed termination order by the Punjab government on April 2, 2024.
The Supreme Court bench, comprising Justices Vikram Nath and Prasanna B. Varale, found fault with the High Court and state authorities for failing to reinstate the male officer as per the Supreme Court’s direction. The Court ruled that the male officer was entitled to his full salary from April 20, 2022, until the issuance of the new termination order. Additionally, the state was directed to pay 50% of back wages for the period from December 18, 2009, to April 19, 2022, treating the officer as continuously in service.