NUTAN BHARTI GRAM VIDYAPITH Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under clause 15 of the Letters Patent, the appellant - original petitioner has challenged an order dtd. 30/06/2010 passed by learned Single Judge in Special Civil Application No. 4357 of 2000. By the said order, challenge against the order passed by the State Authority directing the appellant herein to reinstate respondent No. 2, came to be dismissed, however, directed the respondent to grant 75% backwages of the total period during which, the respondent No. 2 remained out of service with all other consequential benefits, as if, he continued in service all throughout.

(2.) Short facts, arising from the record, are as under:

(3.) Mr. S.N. Shelat, learned Senior Advocate appearing for the appellant has mainly argued that learned Single Judge ought not to have granted 75% backwages since he has not worked with the institution. In support of his submissions, he has relied upon the decision rendered by the Hon'ble Apex Court in the case of Om Pal Singh v. Disciplinary Authority reported in 2020(3) SCC 103 and would submit that if the court finds that authorities as well as learned Single Judge have committed no error in holding that the private respondent was wrongly terminated considering the allegations levelled against him, appropriate order ought to have been passed. However, he shall not be granted backwages as ordered by the learned Single Judge.