IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1194 of 2009 (O&M) Date of decision: 22.2.2010 Madhu Sudan. -----Appellant Vs. Secretary, Indian Red Cross Society, Punjab and another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Mohit Garg, Advocate for the appellant. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge, to the extent of denial of backwages. 2. The appellant was employed with the Red Cross Society from 1994 to 2005. On 9.6.2005, a raid was conducted in the office of District Red Cross Society, Muktsar, where the appellant was found in compromising position with a girl. He was found to be involved in immoral acts and was arrested under Section 109 Cr.P.C. Later a case under Section 376 IPC was registered, for which he was tried, but was acquitted as the prosecutrix did not support the case of the prosecution. Before LPA No.1194 of 2009 acquittal, order of termination of services was passed against him, noticing that he stopped attending the office. The appellant challenged the order of termination by filing writ petition in the year 2008, on the ground that he was acquitted in the criminal case and no enquiry had been held. Learned Single Judge set aside the order of termination on the ground that departmental inquiry was not held, which was mandatory and directed reinstatement without backwages. 3. We have heard learned counsel for the appellant. 4. Learned counsel for the appellant states that after passing of order of learned Single Judge, the departmental inquiry was held and the appellant has now been again dismissed from service, against which CWP No.15316 of 2009 has been filed, which is pending. He further submits that once the order of dismissal was found to be illegal, the appellant was entitled to full backwages. Reliance has been placed on judgment of the Hon’ble Supreme Court in Roop Singh Negi v. Punjab National Bank and others (2009) 2 SCC 570. 5. We are unable to accept the submission. The law, requiring award of backwages on termination being held to be illegal, has undergone change. Reference may be made to the judgment of the Hon’ble Supreme Court in J.K. Synthetics Ltd. v. K.P. Agrawal, (2007) 2 SCC 433. Moreover, the appellant himself filed writ petition three years after the order of termination, which itself is a ground for not taking into account the backwages. 2 LPA No.1194 of 2009 It is no longer mandatory to award backwages, merely on setting aside of order of termination, as held by the Hon’ble Supreme Court in the judgment noted above. 6. As regards the judgment relied upon in Roop Singh Negi (supra), there is no observation therein that backwages must follow in every case as a matter of course. The judgment is distinguishable on facts. 7. We, thus, do not find any ground to interfere with the view taken by the learned Single Judge. 8. The appeal is dismissed. ( ADARSH KUMAR GOEL ) JUDGE February 22, 2010 ( ALOK SINGH ) ashwani JUDGE 3