Full Judgment Text
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PETITIONER:
STATE OF U.P. & ANR.
Vs.
RESPONDENT:
VED PAL SINGH & ANR.
DATE OF JUDGMENT: 07/10/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises against the
judgment of the High Court of Allahabad dated 12.8.92 made
in W.P. No.507/83. It is not necessary to re-count all the
events touching upon the interference by the High Court in
the matter. We issued notice only on the limited questior of
payment of back wages. The respondent who was on temporary
service was removed from service on conviction by criminal
court. A criminal case had been initiated against him for
offence under section 409 I.P.C. No doubts, later, he
was acquitted of the charge. The record of the service
of the respondent was produced before the Tribunal. The
Tribunal on going through the record was not inclined to
interfere with the order. But the High Court had interfered
with the removal of the respondent from service, Since we
are not going into the question of correctness of the
removal of the respondent from service after acquittal, it
would suffice to state that from the record placed before
us, we are satisfied that the respondent is not entitled to
the back wages. His integrity was doubted and he was found
to be man of doubtful integrity. His confidential reports
are not good.
Corruption is the result of deep-seated moral
degradation and unsatiated greed for wealth. The office of
public service affords an opportunity to the public servant
to abuse of the office in that pursuit to accept illegal
gratification for the discharge of official duty. Criminal
prosecution launched against the public servant many a time
may end may be due to technical defects inapathy on the
part of the prosecution or approach in consideration of the
problem or the witnesses, turn hostile or other diverse
reasons but the meet of the matter is that on equitable
consideration the Government servant claims reinstatement
into service. Equity per se may not prevent the Government
to take appropriate action under the conduct rules or under
Article 311 of the Constitution but many a time they do
become fruitless exercise. Resultantly public servant on
re- instatement claims consequential benefits including back
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wages. On many occasion, public servant avoids the detection
of corruption or by skilful management proof of commission
of corruption would be wanting. But his conduct gains
notoriety in service and among public in that behalf
payment of back wages and impetus and a premium on
corruption. The society has to pay the price for corrupt
officers from public exchequer. Therefore, when the court
directs payment of back wages or reinstatement, the
court/tribunal is required to consider the backdrop of the
circumstances and pragmatically apply the principle to the
given set of facts. No abstract principle of universal
application Could be laid in that behalf. The confidential
reports of the officer prior to initiation of the
prosecution do furnish the evidence of conduct of the public
servant. It is the duty of the officer to place his material
and of the Government to place all the necessary record in
that behalf before the court/tribunal for consideration and
it would be for the court/tribunal to consider and decide
the matter. This Court has pointed out in several cases the
need to record confidential reports objectively and
dispassionately with a reformative purpose to enable the
public servant to reform himself to improve quality of the
service and efficiency of the administration. Parochial,
sectorial or nepotic approach would be deleterious to the
efficiency of administration and maintenance of discipline
in service. Confidential reports placed on record in this
case do disclose such deleterious tendency in writing the
confidential reports. One set of officers reported
integrity of the appellant and while diametrically in
opposite terms the predecessor had reported doubtful
integrity of the appellant. They do demonstrate the lack of
objectivity on the part of some officers in writing the
confidential reports. This would be very sad state of
affairs impinging upon efficiency of administration. We have
confined to the question of payment of back wages with an
intention that on reinstatement the appellant would reform
himself purging from the proclivity of corrupt practices and
prove himself to be a useful public servant to himself, to
the family and to the society. In the light of the
confidential reports indicating doubtful integrity we are of
the view that it is not expedient to direct payment of back
wages though he was acquitted by the criminal court may be
on technical grounds or on merits he is not entitled to back
wages. As stated earlier the circumstances of the case and
conduct of the appellant do furnish justification in denying
him the back wages lest it would be a premium on proclivity
for corruption.
The appeal is accordingly allowed. The order directing
Payment of back wages stands set aside. No costs.