Sub-divisional Inspector (Postal) & Ors. Vs. K.K. Pavithran
EmailAppeal: Civil Appeal Nos.13115-16 of 1996.
(Arising out of SLP (C) Nos. 14451-52 of 1996)
(From the Judgment and Order dated 5.12.95 and 20.2.96 of the Central Administrative Tribunal, Ernakulam in Kerala in O.A.No.787/94 and R.A.No.2 of 1996)
(Arising out of SLP (C) Nos. 14451-52 of 1996)
(From the Judgment and Order dated 5.12.95 and 20.2.96 of the Central Administrative Tribunal, Ernakulam in Kerala in O.A.No.787/94 and R.A.No.2 of 1996)
Petitioner: Sub-divisional Inspector (Postal) & Ors.
Respondent: K.K. Pavithran
Apeal: Civil Appeal Nos.13115-16 of 1996.
(Arising out of SLP (C) Nos. 14451-52 of 1996)
(From the Judgment and Order dated 5.12.95 and 20.2.96 of the Central Administrative Tribunal, Ernakulam in Kerala in O.A.No.787/94 and R.A.No.2 of 1996)
(Arising out of SLP (C) Nos. 14451-52 of 1996)
(From the Judgment and Order dated 5.12.95 and 20.2.96 of the Central Administrative Tribunal, Ernakulam in Kerala in O.A.No.787/94 and R.A.No.2 of 1996)
Judges: K.RAMASWAMY & G.B.PATTANAIK, JJ.
Date of Judgment: Sep 30, 1996
Appearances:
Mr. A.S.Nambiar, Senior Advocate and Mr. T.C. Sharma, Mr. C.V.S.Rao, Advocates with him for the appellants
Mr. K.M.K.Nair, Advocate for the Respondent
Head Note:
SERVICE AND LABOUR LAW
Back wages – Where order of removal from service was converted into one of reinstatement with lesser punishment of stoppage of increments, Tribunal was held to have erred in granting back wages – Respondent had been held for misconduct – not entitled to backwages – Allowed.
JUDGEMENT:
O R D E R
1. Delay condoned.
2. Leave granted.
3. Heard learned counsel on both sides.
4. The respondent while in service as Extra-Departmental Agent was charge-sheeted, for misconduct of temporary absence from duty, under Rule 8 of the P & T Extra Departmental Agents (Con-duct and Services) Rules, 1964 on June 6, 1985. By order dated March 31, 1986, the enquiry was cancelled and fresh enquiry was conducted. Later, on conclusion of the departmental enquiry proceedings, by order dated July 9, 1990, the respondent was removed from service. He filed an application in the Tribunal. By order dated May 28, 1992, the Tribunal remitted the matter for reconsideration on the nature of punishment. That order was unsuccessfully challenged in this Court and had become final. Subsequently, when the order of removal was passed again, it was challenged in the Tribunal. The Tribunal by order dated September 4, 1993 quashed the proceedings and directed reconsideration of the quantum of punishment on the basis of amended rules. Again, it was challenged in the special leave petition before this Court which was dismissed. Consequently, the respondent was reinstated. He again filed an application. In the impugned order dated Decem-ber 5, 1995 made in O.A. No.787/94, the Tribunal has directed payment of backwages. Thus, these appeals by special leave.
5. This Court in Rajasthan State Road Transport Corporation v. Bhagyo Mal & Ors. (1994 Supp.(1) SCC 573) held that while the High Court had found that the respondent-employee deserved pun-ishment on account of his misconduct, and awarded lesser punish-ment, it is not liable to grant back-wages particularly when the Tribunal had converted the order of dismissal into stoppage of two increments with cumulative effect. Therefore, the order of the High Court was set aside to that affect. It is now settled law that imposition of punishment is in the discretion of the disciplinary authority. But the authority is expected to exercise the discretion properly taking into consideration all the relev-ant facts and circumstances. In this case, the punishment of removal was found to be not justified for the reason that the respondent was temporarily absent from duty. But the order of dismissal having been converted into one of reinstatement with lesser punishment, the question arises whether the respondent is entitled to back-wages? The Tribunal was not right in directing payment of back-wages for the reason that the respondent was found to be responsible for misconduct though lesser punishment was imposed. Under these circumstances and following the above judgment, we hold that the respondent is not entitled to backwag-es.
6. The appeals are accordingly allowed. No costs.
1. Delay condoned.
2. Leave granted.
3. Heard learned counsel on both sides.
4. The respondent while in service as Extra-Departmental Agent was charge-sheeted, for misconduct of temporary absence from duty, under Rule 8 of the P & T Extra Departmental Agents (Con-duct and Services) Rules, 1964 on June 6, 1985. By order dated March 31, 1986, the enquiry was cancelled and fresh enquiry was conducted. Later, on conclusion of the departmental enquiry proceedings, by order dated July 9, 1990, the respondent was removed from service. He filed an application in the Tribunal. By order dated May 28, 1992, the Tribunal remitted the matter for reconsideration on the nature of punishment. That order was unsuccessfully challenged in this Court and had become final. Subsequently, when the order of removal was passed again, it was challenged in the Tribunal. The Tribunal by order dated September 4, 1993 quashed the proceedings and directed reconsideration of the quantum of punishment on the basis of amended rules. Again, it was challenged in the special leave petition before this Court which was dismissed. Consequently, the respondent was reinstated. He again filed an application. In the impugned order dated Decem-ber 5, 1995 made in O.A. No.787/94, the Tribunal has directed payment of backwages. Thus, these appeals by special leave.
5. This Court in Rajasthan State Road Transport Corporation v. Bhagyo Mal & Ors. (1994 Supp.(1) SCC 573) held that while the High Court had found that the respondent-employee deserved pun-ishment on account of his misconduct, and awarded lesser punish-ment, it is not liable to grant back-wages particularly when the Tribunal had converted the order of dismissal into stoppage of two increments with cumulative effect. Therefore, the order of the High Court was set aside to that affect. It is now settled law that imposition of punishment is in the discretion of the disciplinary authority. But the authority is expected to exercise the discretion properly taking into consideration all the relev-ant facts and circumstances. In this case, the punishment of removal was found to be not justified for the reason that the respondent was temporarily absent from duty. But the order of dismissal having been converted into one of reinstatement with lesser punishment, the question arises whether the respondent is entitled to back-wages? The Tribunal was not right in directing payment of back-wages for the reason that the respondent was found to be responsible for misconduct though lesser punishment was imposed. Under these circumstances and following the above judgment, we hold that the respondent is not entitled to backwag-es.
6. The appeals are accordingly allowed. No costs.
