Case Note & Summary
The case involved an appeal by the State of U.P. against a judgment of the Allahabad High Court concerning the termination of a constable's services. The respondent was appointed on June 10, 1970, and his services were terminated on November 25, 1975, following a criminal conviction. However, he was acquitted in appeal, and despite this, the State did not reinstate him. The respondent filed a writ petition in 1997 for reinstatement, which was initially directed to be considered by the State. After further legal proceedings, the Single Judge allowed his petition based on a precedent case. The State's appeal to the Division Bench was dismissed, leading to the current appeal. The primary legal issue was whether the respondent was entitled to back wages, given the long delay in challenging the termination. The court noted that neither the Single Judge nor the Division Bench had ordered back wages, and the respondent's counsel accepted this position. Consequently, the Supreme Court clarified that the respondent would not be entitled to back wages, and the appeal was disposed of without costs.
Headnote
A) Service Law - Termination of Service - Back Wages Entitlement - Constitution of India, Article 226 - The court clarified that the respondent, having been acquitted, was not entitled to back wages as neither the Single Judge nor the Division Bench directed such payment. The appeal was disposed of with a clear statement regarding the non-entitlement to back wages. Held that the absence of a directive for back wages in the judgments rendered was significant (Paras 3-5).
Issue of Consideration
Whether the respondent is entitled to back wages after reinstatement following acquittal.
Final Decision
The Supreme Court clarified that the respondent would not be entitled to back wages and disposed of the appeal without costs.
Law Points
- Service termination
- Back wages entitlement
- Writ petition
- Acquittal impact
- Judicial review
