SUPREME COURT OF INDIA

Before:- K.G. Balakrishnan and Tarun Chatterjee, JJ.

Civil Appeal No. 3341 of 2005 (Arising out of SLP(C) No.589 of 2004). D/d. 1.4.2005.

State of M.P. & Ors. - Appellants

Versus

Sanjay Kumar Sharma - Respondent

Termination - Absence from duty - Reinstatement with direction to pay back wages for entire period by Tribunal - In the absence of conducting proper inquiry by State against respondent, order for reinstatement justified - However, direction to pay back wages for entire period is not justified - Award of back wages reduced from date of order of reinstatement.

[Para 3]

ORDER

K.G. Balakrishnan, J. - Delay condoned. Leave granted. Heard learned counsel for the parties.

2. The respondent was an employee of the State and his services were terminated for unauthorised absence. Counsel for the respondent contended that he was absent consequent on his illness and he had submitted his leave application in time. He challenged the order of termination from service and the M.P. State Administrative Tribunal passed an order on 16.4.1999 directing reinstatement of the respondent in service. Aggrieved by the same, State preferred an appeal under Article 226/227 of the Constitution challenging the order of the Tribunal. The High Court declined to interfere and hence this appeal.

3. Counsel for the appellant seriously contended that the termination was legal and respondent was not entitled to be reinstated in the service due to unauthorised absence for a long period. We are not inclined to interfere with the impugned order as the State had not conducted proper inquiry against the respondent. We hold that the reinstatement by the Tribunal was justified in the facts and circumstances of the case. However, we see that the direction to pay back wages for the entire period is not justified. When the Tribunal passed the order on 16.4.1999, the State should have reinstated him. Therefore, we direct that the State is liable to pay back wages to the respondent from 16.4.1999 till his reinstatement in service. The State shall reinstate the respondent within a period of one month from today.

4. The appeal is disposed of accordingly.

.