9 years on, HC reinstates woman judge sacked over ‘illicit relation’

›

We are at a loss to find even remote evidence about any illicit relationship except use of the word ‘illicit relation’. That apart, the statement of male judge’s wife could not be termed as a gospel truth.

HIGH COURT BENCH

CHANDIGARH: Nine years after she was sacked over an alleged illicit relation with a fellow judge, the Punjab and Haryana high court has reinstated the woman judge of the Punjab Civil Services (judicial).

The woman judge was sacked in December 2009, while she was on probation.

‘THERE WAS NO NEED TO ROPE IN WOMAN JUDGE’

The bench of justice AB Chaudhari and justice Kuldip Singh said review committee of the HC as well as full court went by the decision in respect of the male judge and roped in the woman judge without any “rhyme or reason” and without considering that she had nothing to do with the male judge.

The male judge and his wife withdrew all their disputes and divorce petition, but the woman judge remained a scapegoat. “This court cannot allow such a mistake to perpetrate and therefore, her petition must be allowed,” the court said adding that she be reinstated with all consequential benefits except backwages.

MALE JUDGE’S DISMISSAL UPHELD

The male judge’s dismissal has been upheld by the high court, whom it found “unbecoming of a judge”, but for other reasons than the allegations of illicit relation.

The woman judge was accused by the male judge’s wife of trying to interfere in their matrimonial life and of ‘illicit relationship’.

“We are at a loss to find even remote evidence about any illicit relationship from the above except use of the word ‘illicit relation’. That apart, her (male judge’s wife) mere statement/perception like a gospel truth could not be acted upon to throw the petitioner out of service. That was totally unjust,” the court observed.

The HC review committee and full court had acted on the report of a district and sessions judge in 2009. But court found that the woman judicial officer did not work under the supervision of the judge, who gave his report to the high court.

‘DANGEROUS TO RELY ON VAGUE STATEMENT’

“It was dangerous to rely on vague statement of (wife of judicial sacked officer), which was in the nature of damaging the character of the present petitioner and also her career in judiciary for no fault of her and merely because somebody made vague and unsubstantiated allegations about alleged illicit relationship,” the court observed.