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SANDEEP MEHTA, SOUMITRA SAIKIA
Union of India – Appellant
Versus
Dharmeswar Seal, Son of Late Amulya Seal – Respondent
JUDGMENT & ORDER :
Sandeep Mehta, J.
The instant writ appeal has been filed by the appellant/Union of India (respondents in the writ petition) assailing the order dated 25.09.2018 passed by the learned Single Judge accepting WP(C) No.2799/2017 preferred by the writ petitioner (respondent herein) and setting aside the order of his removal from service dated 15.01.2015 passed by the Commandant 36 Battalion, CRPF, Khonsa, i.e. respondent No.3 in the writ petition.
2. The respondent/writ petitioner was handed down the said punishment pursuant to an enquiry held on the charge of prolonged unauthorized absence from duty. While accepting the writ petition, the learned Single Judge, set aside the orders passed by the Disciplinary Authority dated 15.01.2015 and 18.02.2017 passed by the Appellate Authority and as a consequence, the employer (Union of India) was directed to reinstate the respondent/writ petitioner in service along with 50% of back wages.
3. At this stage, it would be fruitful to reproduce the order dated 01.03.2019 passed by this Court while entertaining the present appeal:-
Heard Mr. SC
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....
Employment and service matter - Wages - No substantial difference between Rule 54 and Rule 54-A of Fundamental Rules, except that in one case, reinstatement is in consequence of an order made in depa....
Reinstatement without full exoneration does not entitle employee to back wages; 'no work-no pay' principle and leave rules apply.
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