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TMI Blog2005 (1) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... t joined service as Principal in the appellant-Kendriya Vidyalaya Sangathan. In December 1996 he applied for sanction of earned leave with permission to go abroad. He sent letter dated 6.3.1997 for grant of permission and sanction of leave from 10.3.1997 to 7.7.1997. His application for leave was rejected by appellant No. 3 vide telegram dated 13.3.1997. His request for permission to go abroad was also declined by the Commissioner Kendriya Vidyalaya Sangathan, New Delhi (appellant No. 2 herein) vide letter dated 17.5.1997 on the ground that disciplinary proceedings were contemplated against him. Respondent No. 1 did not report back for duty till 2.7.1997. In the meanwhile, proceedings under the Central Civil Services (Classification, Contro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be not in order, in the absence of disciplinary enquiry proceedings. However, liberty was granted to the appellants to initiate disciplinary proceedings from the stage of serving a charge sheet on the respondent on the acts of misconduct which may be though fit for such proceedings and thereafter hold enquiry proceedings in accordance with the Rules. Tribunal further directed that respondent-employee was to be re-instated in service with all consequential benefits from the date of dismissal from service. 8. Before the High Court it was submitted by the present appellants that the authorities were justified in invoking Rule 19(ii) as the respondent did not respond to the notices issued and did not offer any explanation for his wilful abse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ledge and without any pleadings or evidence direction for back wages could not have been given. It was further submitted that the direction for payment should have been made conditional till the final decision in the disciplinary proceedings which the appellant intended to take. 11. In response, learned counsel for the respondent submitted that the order of CAT as affirmed by the High Court does not suffer from any legal infirmity on the background facts as noticed by CAT and the High Court. 12. We find that for application of Rule 19(ii) in the background of Rule 14 of the Rules the basic requirement is that a conclusion has to be recorded that it is not reasonably practicable to hold the inquiry proceedings. Such a finding does not appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le conclusion is that the respondent was not entitled to full back wages which according to the High Court was natural consequence. That part of the High Court order is set aside. When the question of determining the entitlement of a person to back wages is concerned, the employee has to show that he was not gainfully employed. The initial burden is on him. After and if he places materials in that regard, the employer can bring on record materials to rebut the claim. In the instant case, the respondent had neither pleaded nor placed any material in that regard. 17. Since the present appeal arises from proceedings declaring the respondent as "Absconder" we make it clear that if the appellants are desirous of initiating any departmental proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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