9911796707
TMI Blog2006 (7) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... termination passed by appellant No.2 and directed re-instatement of the respondent in service with continuity of service, but without back wages. Factual background needs to be noted in brief. The respondent was appointed as Driver in appellant No.1-U.P. State Road Transport Corporation (hereinafter referred to as the Corporation ). On 10.10.1990 while the respondent was plying the bus No.UGA 938 on Mussoorie road, all of a sudden the vehicle met with an accident and fell into a ditch. Thereafter, a disciplinary enquiry was initiated against the respondent in which the charges against the respondent were found proved and the appellant vide its order dated 31.3.1993 dismissed the respondent from service. Thereafter, the respondent fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge sheet and a departmental enquiry was also held against him. But he pleaded that the necessary documents were not being produced though demand was made several times. The Investigating Officer found him not guilty in the enquiry, even though he was dismissed from service. Labour Court found the respondent guilty and held that the termination was not unjustified. Challenging the order of Labour Court, the respondent filed a Writ Petition which, as noted above, was allowed by the impugned judgment. The foundation of the High Court s judgment was to the effect that in the criminal trial the respondent was acquitted and placing reliance on a decision of this Court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. and Anr. (1999 (3) SCC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Admittedly, the respondent had been working as a temporary government servant before he was kept under suspension. The termination order indicated the factum that he, by then, was under suspension. It is only a way of describing him as being under suspension when the order came to be passed but that does not constitute any stigma. Mere acquittal of government employee does not automatically entitle the government servant to reinstatement. As stated earlier, it would be open to the appropriate competent authority to take a decision whether the enquiry into the conduct is required to be done before directing reinstatement or appropriate action should be taken as per law, if otherwise, available. Since the respondent is only a temporary gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sheet. (iv) The factors mentioned at (ii) and (iii) above cannot be considered in isolation to stay the departmental proceedings but due regard has to be given to the fact that the departmental proceedings cannot be unduly delayed. (v) If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, the administration may get rid of him at the earliest. Though the High Court had not indicated as to how the decision of this Court in Antho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmissible. A decision is a precedent on its own facts. Each case presents its own features. It is not everything said by a Judge while giving judgment that constitutes a precedent. The only thing in a Judge s decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates \026 (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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