- (1.) The petitioner has approached this Court for the following reliefs: (i) "For Issuance of an appropriate writ/order/direction for quashing that part of the order dated 14/15.11.2011 issued under the signature of the Chairman-cum-Managing Director, Coal India Limited whereby it has been ordered that no back wages shall be paid for the period the petitioner was purportedly absent from duty. (ii) For further issuance of a writ/order or direction for quashing the letter dated 16.07.2012 issued under the signature of Chief Manager(P)/HOD(EE) whereby the representation of the petitioner for pecuniary benefits on his reinstatement has been purportedly rejected by an officer who has absolutely no jurisdiction and authority to deal with this matter. (iii) Upon quashing of the aforesaid orders/letters, a further writ/order or direction be issued commanding upon the respondents to forthwith pay the salary from the date of his removal till the date of his reinstatement along with all consequential benefits including notional seniority etc. (iv) Any other appropriate writ(s), order(s) or direction(s) as may be deemed fit and proper."
(2.) The brief facts of the case are that, the petitioner was appointed as Medical Officer on 14.12.1990. On 26.8.1993 a case being RC Case No. 17 (A)/93-D was registered on the allegation that the petitioner was caught red-handed while taking bribe of Rs. 100/-. The petitioner was convicted by the Trial Court by judgment and order dated 30th November, 2001 and by order dated 22.7.2002 the petitioner was dismissed from service. The petitioner took the matter to the Hon'ble Supreme Court and by order dated 07.9.2010 the Criminal Appeal preferred by the petitioner has been allowed. The petitioner, thereafter moved to his employer for his reinstatement in service and by order dated 14/15.11.2011 the petitioner has been reinstated in service with immediate effect however, it has been stated that no back wages during the said period would be paid to the petitioner. Aggrieved by the order whereby it has been ordered that petitioner would not be entitled for back wages during the period of his absence from duty, the petitioner has approached this Court by filing the present writ petition.
(3.) Heard learned counsel for the parties and perused the documents on record.;