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IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Ashis Kumar Ghosh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Tapabrata Chakraborty, J.
1. The present writ petition has been preferred challenging an order dated 03.05.2019 passed by the learned Tribunal in the original application (in short, OA) being OA 350 of 2018. By the said order the learned Tribunal refused the petitioner’s prayer for back wages.
2. The petitioner’s case is that he was appointed in a Group-‘D’ post against ex-serviceman quota vacancy in the year 1985. Subsequent thereto, a charge sheet was issued against him on 19.12.1988 under Rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as the 1968 Rules). The said charge sheet was withdrawn on 16.02.1990 and a fresh charge sheet was issued on 13.09.1990. On the basis of the same, an enquiry was conducted and the Enquiry Officer (in short, EO) submitted a report exonerating him from the charges. However, a re-enquiry was ordered thereafter under Rule 10 of the 1968 Rules. In the said enquiry, the EO arrived at a finding that the petitioner was guilty of the misconduct alleged. Accepting the said report, the disciplinary authority (in short, DA) imposed a penalty of dismissal on 02.08.1994. Aggrieved by the said order, he preferr
Reinstatement with back wages is the norm in wrongful termination cases, subject to considerations of misconduct and employment status.
Employer is also entitled to prove it otherwise against the employee, namely, that the employee was gainfully employed during the relevant period and hence not entitled to claim any back-wages. The n....
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
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