JUDGMENT

S.B. SINHA, J :

1. Leave granted.

2. Whether respondent should have been granted back wages in the facts and circumstances of this case is the question involved in this appeal which arises out of a judgment and order dated 22.06.2005 passed by the High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 975 of 2001.

3. The basic fact of the matter is not in dispute.

Respondent herein is a Homeopathic Doctor. He was appointed as a Homeopathic Assistant in the Homeopathic Dispensary which used to be run by the appellant. However, the Dispensary was closed. He was asked to join the Head office as Office Assistant Grade - II. He protested there against. He went of leave with effect from 10.09.1991. It is alleged that he remained unauthorisedly absent on and from 10.09.1991 upto 1.12.1993. In the meanwhile, he filed several representations as regards the decision of the management to transfer him in the post of Office Assistant Grade - II in the Head Office upon closure of the Homeopathic Dispensary.

4. A chargesheet was issued to him on or about 12.07.1994 in respect of the following charges:

"Charge No. 1 - Officiating on the abovesaid responsible post, Sri S.K. Yadav, exercisi