ENAYAT ULLA KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal is directed against the part of the impugned judgment & order dtd. 7/12/2020 passed by the learned Single Judge in W.P.(S)No.6690/2014, by which while setting aside the order of termination from service, the writ appellant herein / writ petitioner has been held dis-entitled for back-wages applying the principle of "no work no pay".

(2.) This part of the order has been questioned by the writ appellant on the following factual backdrop: -

(3.) The writ appellant herein was in Government service and he was serving on the post of Assistant Internal Audit & Taxation Officer posted at Janpad Panchayat, Bhaiyathan, District Surguja at the relevant point of time when he was charge-sheeted on account of alleged misconduct. A detailed departmental enquiry was conducted against the appellant herein in accordance with the provisions contained in the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 and accordingly, the order of termination was passed on 5/4/2010. The said order of termination was confirmed by the appellate authority - Director (Panchayat) on 30/9/2014, as such, services of the appellant stood terminated. Feeling aggrieved and dissatisfied against the order of termination as confirmed by the appellate authority, the appellant preferred W.P.(S)No.6690/2014 before this Court, which the learned Single Judge allowed partly and set aside the order of termination affirmed by the appellate authority by order dtd. 30/9/2014 and directed that the appellant shall be entitled for counting of six years' service, which he has been out of employment, for all other purposes and thereby granted continuity of service and other benefits, however, declined to grant back-wages to him invoking the principle of "no work no pay", which is sought to be challenged by way of this writ appeal.