STATE OF MANIPUR & OTHERS Vs. ABDUL MATALIB

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 24.4.96 of the learned Single Judge passed in Civil Rule No. 338 of 1995. By the said judgment and order dated 24.4.96, the learned Single Judge quashed the order of termination of the Petitioner on the ground that the procedure as laid down under the Rules for disciplinary proceedings was not complied with and that tie departmental enquiry was hit by Article 311 of the Constitution of India. While quashing the order of termination the learned Single Judge further directed fie Appellant-Respondents to reinstate the Respondent-Petitioner in his service and to pay him the back wages with interest on the arrears at the rate of 12% per annum with effect from the date of termination, i.e. with effect from 24.8.88.

(2.) The short point that has been raised by Mr. Jagatchandra Singh, learned Counsel for the Appellants-Respondents, is that the learned Single Judge, while quashing the order of termination/dismissal from the service of the Petitioner dated 24.8.88, ought not to have directed the Appellant-Respondents to pay the Respondent-Petitioner the back wages with effect from 24.8.88 with interest @ Rs. 12% per annum in view of the law settled by the Apex Court in the case of Managing Director ECIL v. B. Karunakar, 1994 AIR(SC) 1074. Relevant portion of the said judgment on which Mr. Jagatchandra Singh relied on is quoted hereinbelow:

(3.) Mr. K. Binoykumar, learned Counsel for the Respondent-Petitioner, on the other hand, relied on me judgment of the Apex Court in the case of Surjit Ghosh v. Chairman and Managing Director United Commercial Bank and Ors., 1995 2 SCC 474 and submitted that as per law laid down by the Apex Court in that case, the Petitioner is entitled to be compensated alongwith reinstatement in service where the Petitioner has been dismissed from service without his fault. He argued that the direction given by the learned Single Judge in the judgment and order dated 24.4.96 for payment of back-wage from the date of dismissal from service with interest at the rate of Rs. 12% per annum is in accordance with the aforesaid law laid down by the Apex Court. Mr. Binoykumar Singh further stated that the Respondent-Petitioner has already been paid the said back-wages with interest at the rate of Rs. 12% per annum and submitted that once payment has been made to the Respondent-Petitioner it cannot be recovered by the Appellant-Respondents as has been held by the Supreme Court in the case of Shy am Babu Verma and Ors. v. Union of Indian and Ors., 1994 2 SCC 521.