Reinstatement without full exoneration does not entitle employee to back wages; 'no work-no pay' principle and leave rules apply.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1275/2014 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7441/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

It is, therefore, prayed that the Hon'ble Court may in the facts and circumstances of the case be pleased to pass an appropriate writ, command or direction in the nature of:-

a) Writ of certiorari seeking quashment of the Order bearing No.364 of 2007 dated 03.07.2007 to the extent it denies the monetary benefits to the petitioner i.e. for the period w.e.f. 18.05. 1999 to 15.12.1999 and from 25.07.2001 to 26.08. 2003.

b) Mandamus commanding the respondents to grant consequential benefits from the date it became due in favour of the petitioner.

c) Any other additional/ alternate relief which this Hon'ble court may, in the facts and circumstances of the case, deem fit and proper may also be granted in favour of the petitioner as against the respondents.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No. 1275/2014, which was originally instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer of jurisdiction, stands registered as T.A. No. 7441/2021 before this Tribunal

b) The applicant, Mohinder Lal, was appointed as a Constable in the Jammu & Kashmir Police and, over the years, served at various places of posting. On account of his length of service, he was promoted as Selection Grade Constable and allotted SGCT No. 944/K. At present, he is posted at District Police Lines, Kathua.

c) While the applicant was posted in District Doda during the year 1998, allegations surfaced regarding his unauthorized absence from duty. On account of continuous absence, the Senior Superintendent of Police, Doda, passed Order No. 993 of 1999 dated 18.05.1999, removing the applicant from service.

d) Aggrieved thereby, the applicant approached the Hon’ble High Court by filing SWP No. 1603/1999. The Hon’ble High Court, vide order dated 05.11.1999, quashed the said removal order and granted liberty to the competent authority to conduct a fresh departmental enquiry in accordance with law.

e) In compliance with the aforesaid judicial directions, the applicant was reinstated in service and rejoined duties on 16.12.1999. Thereafter, a de novo departmental enquiry was initiated. Upon conclusion of the enquiry, the applicant was once again removed from service vide Order No. 751 of 2001 dated 25.07.2001.

f) The applicant challenged the second order of removal by filing a review petition before the competent authority. The reviewing authority, namely the Zonal Police Headquarters, Jammu Zone, vide Order No. 202 of 2003 dated 16.08.2003, accepted the review, set aside the removal order dated 25.07.2001, and reinstated the applicant into service. However, liberty was again reserved in favour of the department to hold a de novo enquiry.

g) It was also observed in the said review order that certain pleas raised by the applicant during the enquiry, including allegations of overwriting and irregularities in Daily Diary entries, had not been properly examined by the Enquiry Officer. Consequently, the earlier enquiry proceedings were found to be procedurally deficient.

h) Pursuant to the fresh enquiry, the disciplinary authority, vide Order No. 606 of 2004 dated 10.11.2004, imposed the penalty of forfeiture of annual increments