NEW DELHI: The Supreme Court has directed for payment of full salary to a civil judge removed for allegedly having an illicit relationship with a woman judicial officer.
A bench of Justices Vikram Nath and Prasanna Bhalachandra Varale said on Wednesday that when judgment of the Punjab and Haryana High Court dismissing the writ petition challenging the termination has 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,” the bench said, directing that the appellant judge, Anantdeep Singh, would be entitled to salary from the date of judgment of April 20, 2022 till the fresh termination order was passed on April 2, 2024.
It also directed the authorities concerned for payment of 50% of back wages for a period between 2009 and 2022. The apex court passed the order after hearing an appeal filed by Singh seeking to get his back wages and the salary.
The appellant Singh, who had joined Punjab Civil Services (Judicial Branch) in 2006, was terminated before completing three years probation in 2009 over his wife’s allegations of an illicit relationship with a lady judicial officer.
The HC’s full court recommended his termination, which was approved by the state government. Singh appealed to the Supreme Court, which found procedural lapses in handling the case, such as the absence of an independent inquiry and insufficient evidence.
The SC set aside the termination order and asked Singh to challenge the termination order. The matter is currently subject to further legal proceedings in the High Court.
“This court by its order of April 20, 2022 had asked the full court to reconsider the matter after setting aside the first termination order of 2009,” the SC bench said.
“Yet 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,” it said.
It also clarified that even after the SC’s order of 2022, the HC resolved to reiterate its earlier decision of 2009, terminating the services of the appellant. During the pendency of the plea, the state government passed the order of termination.
Singh claimed innocence, saying “the complaint made by his wife has been found to be not credible and untruthful in relation to the allegations of the illicit relationship. Other allegations, like use of private car and not residing in official residence, cannot be believed.”
Also in top court
‘Bail in NDPS case very serious issue’
Granting anticipatory bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act is a “very serious” issue and “unheard of”, the Supreme Court said on Thursday. A three-judge bench was hearing a plea seeking regular bail in a case lodged for alleged offences under provisions of the NDPS
CJI: 37K judgments translated into Hindi
Nearly 37,000 Supreme Court judgments since Independence have been translated into Hindi and now the process is underway to translate them in other regional languages, Chief Justice D Y Chandrachud said on Thursday. After Hindi, “Tamil is leading now”, the CJI said during the hearing of a case.