SARVJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is 4th round of litigation. Vide order dated 16.8.2010, the Appellate Authority had ordered reinstatement of the petitioner in service but had denied the consequential benefits i.e. continuity in service, back wages, etc. The grievance of the petitioner is that having made petitioner litigate for 4 times and taking an obstructive attitude on each occasion, the recalcitrant department was compelled to do justice to the petitioner and thus the time spent in obtaining justice by the petitioner cannot be discounted to the detriment of the petitioner by denying him benefit of continuity in service and back-wages.

(2.) RELEVANT would it be to note that the foundation of the litigation was the petitioner being served with a memorandum on 30.10.1990 charging him with 3 misdemeanours i.e. of overstaying leave by 108 days, suppressing information of his being involved in a criminal case when he was on leave and lastly of being an accused in a criminal case.

(3.) THIS resulted in the 3rd round of litigation, i.e. W.P.(C) No.7717/2009, wherein a Division Bench of this Court set aside the appellate and the revisional order requiring the matter to be decided afresh in light of the directions issued by the Division Bench in its earlier order dated 31.3.2008.