SC reinstates employee after 16 years

Reiterating that one cannot sit in judgment in his own case, the Supreme Court upheld an order of Bombay High Court reinstating an employee with the Pune Cantonment Board, who was dismissed about 16 years ago. “Once the disciplinary committee finds the incumbent guilty, they cannot sit in judgment to punish the man on the basis of the opinion formed by them,” a Bench comprising Justices A K Mathur and L S Panta observed, dismissing an appeal filed by the Board against the HC judgement.

Rejecting the Board’s plea that the principle of “no work no pay” should apply in the case, the court ordered that the employee — Vijay D Wani — would be entitled to 50 per cent back wages and continuity of service.

“Objectivity is the hallmark of judicial system in our country. The very fact that the disciplinary committee who found the respondent guilty participated in the decision-making process for finding the respondent guilty and to dismiss him from service is bias which is apparent & real. Consequently, the view taken by the Division Bench of the High Court cannot be faulted,” it agreed.