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1996 Supreme(SC) 1761

G.B.PATTANAIK, K.RAMASWAMY
Ranchhodji Chaturji Thakore – Appellant
Versus
Superintendent Engineer, Gujarat Electricity Board, Himmatnagar (Gujarat) – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves an employee who was dismissed from service following a conviction under criminal law, specifically for an offence under Section 302 read with 34 IPC.
  • The employee's conviction was later set aside by a higher court, which ordered his reinstatement with continuity of service.
  • The primary issue was whether the employee was entitled to back wages after reinstatement.
  • The court clarified that back wages are generally considered only if the employee's dismissal was due to disciplinary proceedings found to be unlawful or unsustainable in law, and if the employee was unlawfully prevented from performing his duties.
  • In this case, the employee's dismissal was based on his involvement in a crime, which led to his conviction and incarceration, regardless of subsequent acquittal.
  • Since the employee's conduct involved criminal activity, and his service was terminated due to his conviction, he was not entitled to back wages.
  • The court emphasized that each case must be considered on its own facts, particularly regarding conduct and legal proceedings.
  • Ultimately, the special leave petition was dismissed, affirming that the employee was not entitled to back wages under these circumstances (!) (!) .

Please let me know if you need further analysis or assistance.


ORDER

Delay condoned.

2. This case does not warrant interference for the reason that, admittedly, the petitioner was charged for an offence under Section 302 read with 34 IPC for his involvement in a crime committed on October 1, 1986. The Sessions Judge had convicted the petitioner under Section 302 read with 34 IPC and sentenced him to undergo imprisonment for life. On that basis, the respondents had taken action to have him dismissed from service since he was working as a Junior Clerk in the respondent-Electricity Board. The petitioner challenged the validity of the dismissal order by way of a special civil application filed under Article 226 of the Constitution. Pending disposal, the Division Bench of the High Court by its judgment dated October 14, 1992 acquitted him of the offence. Consequently, while disposing of the writ petition, the learned single Judge directed the respondent to reinstate him into the service with continuity of the service, but denied back wages. The petitioner then filed Letters Patent Appeal No.319/93 which was dismissed by the impugned order dated August 26, 1993. Thus, this special leave petition.

3. The reinstatement of the petitioner into the service



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