BHAGWANDEEN CHAUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenging the order passed by the respondents as contained in Annexure P/6 dated 25.2.2005 and refusing payment of back wages to the petitioner for various periods, petitioner has filed this writ petition.

(2.) Facts that have come on record indicate that petitioner was holding the post of Forester in Khairatpur Depot, Garhi Production Range, District Raisen. It is alleged against the petitioner that on 20.3.1980, he is said to have misbehaved with his superior officer, for which a charge-sheet was issued to the petitioner and after departmental enquiry, his services were terminated. It was the case of the petitioner that he did not misbehave with the superior officer, instead it was the superior officer one Mr. S.N. Sharma, who instigated the petitioner and, therefore, imposition of penalty of termination was said to be unsustainable. When the appeal and representation against the termination was rejected, petitioner filed a petition before this Court and on formation of State Administrative Tribunal the matter was transferred to SAT, was registered as T.A.No.874/1988 and by an order passed on 23.11.1998 vide Annexure P/1, a Bench of the Tribunal found that the punishment of termination from service was not proper. It was held that interest of justice would be met if termination is quashed and instead a penalty of withholding of two increments without cumulative effect is awarded to the petitioner. Accordingly, the disciplinary authority was directed to impose the said penalty.

(3.) With regard to regularization of the intervening period and with regard to payment of backwages no direction was issued by the Tribunal instead in paragraph 16 the following orders were passed: