RAJASTHAN STATE CO Vs. SULTAN SINGH & ANOTHER

JUDGEMENT

(1.) (Oral)- This writ petition has been taken up for hearing and final disposal moved by the Rajasthan State Co-operative Housing Federation Ltd. (hereinafter referred to as "the Federation"). Before dealing with a legal issue which arises for consideration of this Court in S.B. Civil Writ Petition No. 4645/94 which was filed by the Federation in this Court on 14.7.94, I would like to narrate the facts which are relevant for deciding the controversy between the parties briefly stated are that the respondent No. 1 was an employee of the Federation who was appointed as a Clerk in the Federation on 7.12.81. It is alleged that during service he committed certain acts of omissions and commissions and consequent upon a domestic enquiry was initiated against him. The respondent No. 1 was found guilty of the charges as a result of the enquiry and his services came to be terminated vide order dated 20.1.84.

(2.) Being aggrieved of the aforesaid order of termination, the respondent No. 1 challenged the same by filing a complaint under Sec. 28A of the Rajasthan Shops & Commerical Establishments Act, 1958 (hereinafter referred to as "the Act of 1958") before the Authority i.e. the respondent No. 2 constituted by the State Government under the said Act of 1958. The said Authority after a detailed hearing and after examining the relevant evidence led on the record by the respective parties to the complaint, vide order dated 20.7.89 directed reinstatement of the respondent No. 1. However, the respondents did not grant any relief as regards the payment of back wages from the date of suspension upto the date of reinstatement in service except, subsistence allowance which was paid to the said respondent under Rajasthan Service Rules, 1951 (hereinafter referred to as "the Rules of 1951 ")

(3.) Aggrieved by the aforesaid order of the respondent No. 2 i.e. the Authority under the Act of 1958, the respondent No. 1 preferred a writ petition in this Court being S.B. Civil Writ Petition No. 373/89 and the learned Single Judge of this Court vide order dated 13.9.93 remanded back the matter to the Authority with a direction to record its specific findings on the following issues