Excelsior Correspondent
JAMMU, Feb 11: A bench of Central Administrative Tribunal comprising Dr Bhagwan Sahai and RS Jain has quashed the dismissal order of Bipen Singh Charak, the then ARTO.
After hearing Senior Advocate Abhinav Sharma with Advocate Abhimanyu Sharma for the petitioner, the CAT quashed and set aside the inquiry report dated 07.09.2011, and the impugned order of dismissal from service bearing Govt. Order No. 08-TR of 2014 dated 07.02.2014.
Consequent to the quashing of the inquiry report dated 07.09.2011 and the order of punishment bearing Govt. Order No. 08-TR of 2014 dated 07.02.2014, the applicant was held entitled to full back wages along with all other admissible consequential benefits which should be paid to him. “This exercise shall be completed by the respondents within two months”, the CAT added.
“It is settled that in cases of wrongful termination of service, reinstatement with continuity of service and back wages is the normal rule. In case the employer wants to deny the payment of back wages, then the onus lies on the employer to specifically plead and prove that the employee was gainfully employed, which has not been done by the respondents in the present case”, the CAT said.
“Another aspect to be considered is when the employer has violated the statutory provisions and/or the principles of natural justice or is guilty of victimizing the employee or workman, then the court will be fully justified in directing payment of full back wages so as to compensate the employee for the trauma he suffered because of the illegal acts of the employer”, the CAT added.
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