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PURNENDU SINGH
Md. Zeyaur Rahman S/o Late Noorul Ambeya – Appellant
Versus
Chairman, Bihar Industrial Area Development Authority – Respondent
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Prashant Sinha, learned counsel appearing on behalf of the petitioner and Mr. Bindhyachal Singh, learned senior counsel along with Mr. Parth Gaurav, learned counsel for the respondents.
2. The petitioner has sought for the reliefs as prayed for in Para-1 of the writ petition, which is, inter alia, reproduced hereinafter:
Reinstatement after wrongful termination entitles an employee to back wages unless the employer proves otherwise, even if a minor penalty like censure is imposed.
The disciplinary and appellate authorities must consider the petitioner's contentions in the proceedings and address them in their orders to ensure reasoned decisions and application of mind.
The disciplinary and appellate authorities must consider the petitioner's contentions and apply their minds when passing orders. The entitlement to back wages is discretionary and should be determine....
An employee unlawfully dismissed is generally entitled to back wages unless the employer proves gainful employment during the relevant period.
In cases of wrongful termination, the standard remedy is reinstatement with back wages unless the employer proves the employee's concurrent gainful employment during the termination period.
A government servant reinstated after dismissal is entitled to full back wages unless delays in disciplinary proceedings are attributable to them.
The petitioner was entitled to backwages for the non-working period, except for the period when he pursued a law degree and practiced law. The Court directed the respondents to calculate the backwage....
The court found the punishment imposed on the petitioner to be shockingly disproportionate, emphasizing the necessity for procedural fairness and continuity of service after wrongful termination.
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