TaxTMI 
TaxTMI 
2024 (9) TMI 1768
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....d application, it would be necessary to refer to the relevant facts giving rise to the present application: 2.1. The appellant was a judicial officer with the Punjab Civil Services (Judicial Branch) since 2006. Under the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, period of probation under Rule 7 thereof is for three years which was to continue till December 2009. At the time of joining the service in December 2006, the appellant was already married, however, the marriage was not going very smoothly and quite often there would be disputes between the appellant and his wife. In order to avoid the situation getting worse, the appellant left the official accommodation and shifted to a private accommodation. His wife and mother-in-law continued to reside in the official accommodation. Sometime in November/December 2008, the wife of the appellant made a complaint as a result of which the appellant was called by not only the District Judge but also the Administrative Judge concerned in December 2008 and February 2009. The appellant explained his position and clarified why he was residing in a private accommodation. No written explanation was called fr....
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.... husband was having an illicit relationship with a lady judicial officer who was then posted at Phagwada because of which the appellant used to harass his wife. The Committee of Judges overseeing the work and conduct of the probationers on 04.12.2009 recommended that the appellant and also the lady judicial officer were not fit to be retained in the service. 2.5. The Full Court of the High Court in its meeting dated 07.12.2009 accepted the report of the Committee of Judges dated 04.12.2009 and resolved that the services of not only the appellant but also the lady judicial officer were to be terminated by an order of Termination Simpliciter. The work was withdrawn from the appellant on 07.12.2009. The resolution of the Full Court dated 07.12.2009 was accepted by the State of Punjab and an order was passed on 17.12.2009 dispensing with the services of the appellant. On the same day, another order was passed by the State of Punjab dispensing the services of the lady judicial officer. 2.6. Aggrieved by the said termination, the appellant filed CWP No. 9003 of 2010 before the High Court. Similarly, the lady judicial officer filed a separate petition registered as CWP No. ....
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....der this matter. Therefore, the impugned order dated 25th October, 2018 and the order passed by the Principal Secretary to Government, Punjab, Department of Home Affairs and Justice on 17th December, 2009 terminating the services of the appellant herein are set aside. We, however, request the Full Court of the High Court of Punjab and Haryana to reconsider the matter without being influenced by any of the observations made by the Division Bench of the High Court in the impugned order. The appeal accordingly stands disposed of in terms aforesaid." 2.11. No consequential orders were passed by the State after the order dated 20.04.2022 whereby the termination order of the appellant dated 17.12.2009 passed by the State Government was set aside. The High Court however, took up the matter on the administrative side. The Full Court in its meeting dated 16.09.2022 referred the matter to the Recruitment and Promotion Committee (RPC). Seven months thereafter, the RPC reiterated its earlier decision dated 04.12.2009, relying upon the note of the Administrative Judge dated 01.12.2009 and also the report of the District and Sessions Judge dated 20.05.2009. The reco....
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.... appellant had not been taken back in service despite the termination order having been set aside, the appellant filed M.A. No. 655 of 2023, which was disposed of by order dated 04.05.2023, requesting the Full Court of the High Court to decide the matter within three months. It was thereafter that the Full Court of the High Court in its meeting dated 03.08.2023 resolved to reiterate its earlier decision dated 07.12.2009, terminating the services of the appellant. 2.13. The appellant filed a petition before this Court under Article 32 of the Constitution of India registered as W.P.(Civil) No. 976 of 2023 which was allowed to be withdrawn with liberty to explore other legal options which may be available to move before the High Court vide order dated 22.09.2023. The said order is reproduced hereunder: "Mr. P.S. Patwalia, learned senior counsel does not wish to press this writ petition under Article 32 of the Constitution and would explore other legal options which may be available to move the High Court. Taking note of the above submission of the learned senior counsel, the writ petition stands dismissed as not pressed, reserving the liberty as aforesai....
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....is also submitted on behalf of the appellant that the RPC and also the Full Court of the High Court have simply reiterated their earlier resolutions and as such there has been no reconsideration of the matter, the resolutions placed on record are also non-speaking. 7. It is also the submission of Mr. Patwalia that the complaint against the appellant was given by his wife and his mother-in-law. The entire contents of the reports submitted by the District and Sessions Judge and also the Administration Judge and the Review Committee are based on the complaint made by the wife and his mother-in-law. No independent enquiry was conducted, nor any show cause notice was issued to the appellant calling upon him to give a response to the complaint made by his wife and mother-in-law. 8. It was also submitted that the main allegations made by the wife and mother-in-law relates to the appellant carrying on an illicit relationship with the lady judicial officer. The other complaints alleged were of residing outside the official accommodation and of using a private car, which did not belong to him. It was also alleged in the complaint that the appellant had threatened and assaulted his wife....
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....earned senior counsel appearing for the High Court, we may mention the response of the State as put forth by Additional Advocate General. According to Mr. Gaurav Dhama the State did not pass any consequential order after the order dated 20.04.2022. He further submitted that the order dated 02.04.2024 has been passed as per the resolution of the Full Court of the High Court. He, however, did not address the issue as to whether the termination order could have been passed making it effective from an earlier date. 15. Mr. Nidhesh Gupta, learned senior counsel appearing for the High Court justified not only the subsequent compliance affected by the High Court and also the resolution of the Full Court of the High Court to terminate the service of the appellant w.e.f. the earlier date and also the termination order issued by the State Government on 02.04.2024. On a specific query as to how the High Court could have proceeded against an officer who was not taken into service by passing a resolution of terminating the services from the previous date, he has sought to mix the issue by submitting that as the appellant was a probationer and his services were terminated as a probationer, if....
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....thout any basis or supporting material. According to him, in the present case, the High Court in the judgment dated 25.10.2018 had clearly held that it was omitting the allegations of illicit relation with the lady judicial officer from consideration and further relied upon other allegations of misconduct or unsuitability against the appellant and therefore, the appellant cannot claim any advantage or benefit from the judgment in the case of the lady judicial officer. 19. Having considered the submissions advanced, at the outset, we make it clear that we are not entering into the merits of the matter i.e., the reconsideration by the High Court in the Full Court meeting held on 03.08.2023 and the termination letter issued by the State on 02.04.2024. These orders could be tested before the High Court by way of a fresh writ petition to be filed by the appellant and such liberty having been granted by this Court in the writ petition under Article 32 of the Constitution of India filed by the appellant which was withdrawn on 22.09.2023. For the above reason, the case laws relied upon by Mr. Gupta are not being dealt with nor are we dealing with the case laws relied upon by Mr. Patwali....