Punjab and Haryana HC dismisses writ petitions of judicial officers challenging termination orders

The Punjab and Haryana High Court has dismissed writ petitions challenging the termination of judicial officers from the Punjab Civil Services (Judicial Branch) under the Punjab Civil Services (Judicial Branch) Rules, 1951.

The petitioners had sought reinstatement on the grounds of their acquittal in the PPSC case, but the court held that the issue had already attained finality following previous decisions.

The writ petitions, placed before the Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma, were filed by former judicial officers appointed to the Punjab Civil Services (Judicial Branch) in 2002, following their selection after a competitive examination.

However, shortly before their posting orders were issued, the “Sidhu scam” surfaced, leading to the arrest of the then Chairman of the Punjab Public Service Commission on corruption charges. An FIR was registered against the petitioners on September 5, 2002, under the Prevention of Corruption Act, 1988.

The Punjab and Haryana High Court then took suo motu cognizance and formed a committee to look into the matter. As a result, the court recommended the termination of service for several batches, including the 2001 batch to which the petitioners belonged. Subsequently, the petitioners were terminated from the Register of the High Court on September 27, 2002. The termination order was challenged in a previous writ petition, but the Full Bench of the high court dismissed the petition in 2008, a ruling that was upheld by the Supreme Court in 2010.

The petitioners, who were acquitted in the criminal case related to the Sidhu scam in 2016, sought to revive their appointment order dated March 18, 2002, citing their acquittal as a basis for their reinstatement. However, their representation to the Punjab Government in 2016 was declined in February 2017. The petitioners filed the present writ petitions in 2018 and 2022 challenging the termination order again, asserting that their acquittal warranted their reinstatement.

The court, however, emphasised that the challenge to the 2008 judgment was itself dismissed by the Supreme Court in 2010, and that the petitioners’ subsequent review petitions had also been rejected.

Dismissing the writ petitions, the court observed that the challenge to the order dated September 27, 2002, whereby their names were removed from the HC Register had attained finality, and that the petitioners could not now reopen the matter on the basis of their acquittal. The court concluded that there was no merit in the petitions and accordingly dismissed them.