Judicial Reinstatement and Termination: The Case of Anantdeep Singh vs. Punjab & Haryana High Court
The Supreme Court of India recently adjudicated on the case of Anantdeep Singh, a former Civil Judge of the Punjab Civil Services (Judicial Branch), who was seeking reinstatement after being terminated in 2009. The case revolved around allegations of misconduct, his probationary status, and subsequent legal battles that spanned over a decade.
Background of the Case
Anantdeep Singh was appointed as a Civil Judge in the Punjab Civil Services (Judicial Branch) in December 2006. As per the Punjab Civil Services (General and Common Conditions of Service) Rules, his probationary period was three years, set to continue until December 2009.
However, personal and professional challenges arose when his wife lodged complaints against him, leading to scrutiny by the District Judge and the Administrative Judge. Initially, no formal action was taken, but as time progressed, a more detailed inquiry into his conduct was initiated.
Termination and Legal Proceedings
In December 2009, based on reports from the District and Sessions Judge, the Administrative Judge, and a Committee overseeing the probationers’ conduct, it was concluded that Anantdeep Singh was unfit for service. The primary allegation was an alleged illicit relationship with a fellow judicial officer. Consequently, the Full Court of the Punjab & Haryana High Court decided to terminate both Singh and the said judicial officer under ‘Termination Simpliciter,’ a mechanism that allows for the dismissal of a probationary officer without a formal disciplinary inquiry.
Anantdeep Singh challenged his termination through a writ petition (CWP No.9003 of 2010), which was dismissed by the High Court in October 2018. In contrast, the female judicial officer, who had also been terminated under similar allegations, successfully challenged her termination (CWP No.8250 of 2010) and was reinstated.
Supreme Court Intervention
Following the divergent rulings in the two cases, Anantdeep Singh filed an appeal in the Supreme Court through SLP (Civil) No. 33435 of 2018. During preliminary hearings, the Supreme Court indicated its inclination toward reinstating Singh, prompting the Punjab & Haryana High Court to reconsider its stance.
On April 20, 2022, the Supreme Court formally set aside Singh’s termination order and directed the High Court to reconsider the matter independently. The judgment noted:
“We are of the considered view that the Full Court of the High Court of Punjab and Haryana at Chandigarh needs to reconsider this matter.”
The ruling effectively nullified the termination and required a fresh evaluation by the High Court, ensuring that previous conclusions did not prejudice the new proceedings.
Continued Denial of Reinstatement
Despite the Supreme Court’s directive, no immediate action was taken to reinstate Singh. The matter was referred to the Recruitment and Promotion Committee (RPC), which, in April 2023, upheld its earlier decision that Singh was unsuitable for service. The High Court, in its Full Court meeting on August 3, 2023, reaffirmed its 2009 decision and declined to reinstate him.
After continued delays and legal hurdles, the State of Punjab formally issued an order on April 2, 2024, retroactively terminating Singh’s services from December 17, 2009.
Supreme Court’s Final Judgment
The Supreme Court heard Singh’s new application (M.A. No. 267 of 2024) and found the State’s and High Court’s handling of the matter problematic. The Court ruled that once an employee’s termination is set aside, they must be reinstated before any fresh termination action can be considered.
“Once the termination order is set aside and the judgment of the High Court dismissing the writ petition is also set aside, the natural consequence is that the employee should be taken back in service and thereafter proceeded with as per the directions.”
The Court criticized the delay in decision-making, emphasizing that Singh should have received his due salary and benefits from the date of the Supreme Court’s ruling in April 2022.
Key Observations by the Supreme Court
- The failure to reinstate Singh after setting aside the termination was unjustified.
- Singh was entitled to full salary from April 20, 2022, to April 2, 2024, as if he had been in continuous service.
- For the period from December 2009 to April 2022, he was awarded 50% of back wages.
- The Court did not quash the fresh termination order of April 2024 but allowed Singh to challenge it through a separate writ petition.
The Court concluded its order by reaffirming Singh’s right to challenge his fresh termination:
“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.”
Conclusion
This case highlights the complexities of judicial service rules, procedural fairness in terminations, and the role of the Supreme Court in ensuring accountability. The ruling underscores that when a termination order is set aside, due process requires immediate reinstatement before reconsidering dismissal. It serves as an important precedent for future cases involving probationary judicial officers and the broader principles of natural justice.
Petitioner Name: Anantdeep Singh.Respondent Name: The High Court of Punjab and Haryana at Chandigarh & Anr..Judgment By: Justice Vikram Nath, Justice Prasanna Bhalachandra Varale.Place Of Incident: Punjab and Haryana High Court.Judgment Date: 06-09-2024.
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