VIRENDRA SINGH KHAIRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE case is taken up today as 23rd January 2015 was declared as holiday for this Court.

(2.) MR . Girish C. Jha, the learned counsel for the petitioner vehemently contends that the learned Tribunal, while denying the back wages to the petitioner, has not spelt out any reasons for the same. He further submits that once the learned Tribunal by the impugned order dated 15.2.2012 had given complete exoneration to the petitioner from the disciplinary proceedings, directing the respondents to consider the petitioner for the promotional post of SE, after opening the sealed cover, it ought to have given a direction to the respondents to either grant all the back wages to the petitioner or to at least consider the case of the petitioner for the grant of back wages. In support of his arguments, the learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in the case of Union of India vs. K.V. Jankiraman and others, 1991 3 SCR 790.

(3.) WHILE explaining the delay in preferring the present petition, the counsel contended that earlier the petitioner had filed a civil suit being C.S. (OS) No.1868/2013 claiming the damages on account of loss of salary from February 2004 to August 2012 together with pendentelite and future interest @ 18% per annum, but later he realised that it was not an appropriate remedy under the law and therefore, he applied for the withdrawal of the said suit. The Learned Civil Court allowed the Petitioner to withdraw the suit vide order dated 17.01.2014.