ORDER :

K. M. JOSEPH, J.

1. Leave granted.

2. The appellant is a qualified Chartered Accountant. He was appointed as Manager (Finance) by order dated 22.10.1997. Thereafter, he was posted in 2005 at the Balaghat Mines as the Deputy Chief (Finance). In certain circumstances, which were on account of the death of his father, he had to report late for work on three days. He was served with a show cause and it was followed up by yet another show cause. It was replied to. He came to be suspended on 05.10.2007. He was served with a charge memo on 27.10.2007. Thereafter, he was dismissed on 12.08.2008. The appeal carried by him was dismissed. He filed a writ petition. The writ petition filed was partly allowed by the Division Bench and this has resulted in the present appeal.

3. The controversy lies in a very narrow compass. While the Division Bench has ordered reinstatement of the appellant, the Court has denied him the benefit of backwages. In other words, this Court is called upon to decide whether there is justification to deny backwages to the appellant.

4. We have heard learned counsel for the appellant and learned counsel for the respondent.

5. The respondent is, undoubtedly, State under