Anantdeep Singh Vs. The High Court of Punjab and Haryana at Chandigarh [September 06, 2024]
Background
Anantdeep Singh, a judicial officer in the Punjab Civil Services (Judicial Branch), was terminated from service during his probation in December 2009 following allegations of personal misconduct. The Full Court of the Punjab and Haryana High Court recommended his termination by an order of "termination simpliciter," and the State of Punjab issued the dismissal order. Notably, a similarly placed lady judicial officer was reinstated, but Singh’s writ petition challenging his termination was dismissed by the High Court. He then approached the Supreme Court.
Supreme Court Proceedings and Findings
Setting Aside the Termination: The Supreme Court, in its order dated April 20, 2022, set aside both the High Court’s judgment and the State’s termination order, and directed the Full Court of the High Court to reconsider Singh’s case without being influenced by previous adverse observations.
Delay and Reiteration of Termination: Despite the Supreme Court’s directions, the High Court’s Full Court, after reconsideration, reiterated its earlier decision to terminate Singh. The State of Punjab also passed a fresh order in April 2024, again terminating Singh’s services with retrospective effect from December 2009.
Miscellaneous Application for Reinstatement: Singh filed a miscellaneous application before the Supreme Court seeking reinstatement as Civil Judge with all consequential benefits, arguing that, with the termination order set aside, he was deemed to have been in continuous service.
Supreme Court’s Ruling: The Supreme Court held that once a termination order is set aside, the employee is deemed to be in service during the intervening period. The Court directed Singh’s reinstatement as Civil Judge, along with all consequential benefits, including seniority and service continuity. However, balancing equities, the Court limited his entitlement to back wages to 50% for the period between his dismissal and the setting aside of the termination, recognizing the prolonged litigation and the fact that he had not rendered service during that period.
Legal Principles and Precedents
The Court reaffirmed that when a termination order is set aside, the employee’s service is restored as if the order had never been passed, subject to the Court’s discretion on back wages and benefits.
The judgment referenced established precedents on reinstatement and back wages, emphasizing that each case must be decided on its facts and balancing the interests of justice and fairness.
Conclusion
The Supreme Court’s decision in Anantdeep Singh Vs. The High Court of Punjab and Haryana at Chandigarh (2024) underscores the principle that setting aside a termination order restores an employee’s service with all consequential benefits, subject to equitable adjustment of back wages. The ruling ensures judicial accountability in service matters and protects the rights of public servants against arbitrary termination.
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