The Punjab and Haryana High Court, in CWP No. 4468 of 2018 (Anil Kumar Jindal v. State of Punjab) and CWP No. 4470 of 2018 (Rajinder Bansal v. State of Punjab), decided on 21.10.2024, dismissed the writ petitions of two former PCS (Judicial) officers who sought reinstatement after their acquittal in FIR No. 64 connected to the Sidhu scam. The Court held that the Full Bench judgment dated 27.05.2008, which had dismissed their earlier writ petition challenging their termination, had attained finality as it was never challenged before the Supreme Court.
Background
The petitioners were PCS (Judicial) officers who were terminated from service following their alleged involvement in the Sidhu scam. They initially challenged their termination by filing writ petitions, which were dismissed by a Full Bench of the Punjab and Haryana High Court vide judgment dated 27.05.2008. The petitioners did not carry that judgment further to the Supreme Court. Subsequently, they were acquitted in the criminal case registered as FIR No. 64. After their acquittal, they filed review applications before the High Court, which were also dismissed on 14.07.2017. Thereafter, the petitioners filed the present writ petitions seeking reinstatement on the ground that their acquittal in the criminal case constituted a change in circumstances warranting reconsideration of their termination.
The Court’s Analysis
The Court examined whether the acquittal in the criminal case created a fresh cause of action entitling the petitioners to seek reinstatement despite the Full Bench judgment having attained finality. The Court held that it did not. The Full Bench judgment dated 27.05.2008 had examined the legality of the termination and upheld it. That judgment was never challenged before the Supreme Court and had, therefore, attained finality. The subsequent acquittal in the criminal case did not operate as a ground to reopen or circumvent a judicial decision that had become final. The review application had also been dismissed. In these circumstances, the petitioners had no subsisting cause of action.
Key Principles
The judgment reinforces the principle of finality of judicial decisions. Where a writ petition challenging termination has been dismissed on merits and the judgment has not been carried further in appeal, it attains finality. A subsequent acquittal in criminal proceedings does not, by itself, provide a fresh cause of action to relitigate the question of reinstatement, particularly where the termination was not premised solely on the criminal conviction.
The Order
Both writ petitions were dismissed.
Mrs. Munisha Gandhi, Senior Advocate, assisted by Ms. Manveen Narang, Advocate, appeared for Respondent No. 2, i.e., the High Court of Punjab and Haryana.