Cantonment Executive Officer & Anr vs Vijay D. Wani & Ors

2. Brief facts which are necessary for disposal of this appeal are that the respondent was appointed as Junior Engineer (Electrical) with Pune Cantonment Board with effect from 9.3.1977. Later on he was redesignated as Sectional Engineer (Electrical). In 1987, the Cantonment Board decided to purchase N.C.T. pies for street lighting and directed the respondent to prepare an estimate. Similarly he was also directed to prepare estimates for electrification of S.V.P. Cantonment General Hospital, for the purpose of air conditioning of the Operation Theater and for purchase of transformer for the same hospital. The Contonment Board also wanted him to prepare estimates of sewerage pumps for Ghorpadi and Wanawadi Bazar Draining Scheme and also estimates for cables and street lights at Price of Wales Drive. The respondent as a Sectional Engineer (Electrical) prepared all those estimates. But on 11th August, 1987, the office of the Cantonment Board through the Chief Executive Officer served him a memorandum alleging that the estimates prepared by the respondent suffered from total non-application of mind. The respondent offered his explanation dated 25.8.87 to the said memorandum but that was not accepted by the Board. A charge-sheet containing the same charges was issued to the respondent on 13.1.1988. The respondent was put under suspension and the Cantonment Board appointed an Enquiry Committee to enquire into the alleged misconduct of the respondent. The Enquiry Committee found the charges proved by majority of two versus one the third member differed on items 2 and 4. By a resolution dated 25.10.1991 the Cantonment Board considered the Enquiry Committee's report and accepted it and passed the order of removal of the respondent from service. The respondent filed an appeal to the GOC-in-Chief, Southern Command, Pune and the same was dismissed on 8.7.1991. The respondent preferred second appeal before the Government of India, Ministry of Defence, which was also dismissed on 22.12.1994.

7. Therefore, the ratio of all these cases is that a person cannot be a Judge in his own case. Once the disciplinary committee finds the incumbent guilty; they cannot sit in the judgment to punish the man on the basis of the opinion formed by them. The objectivity is the hallmark of a judicial system in our country. The very fact is that the disciplinary committee who found the respondent(herein) guilty participated in decision making process for finding the respondent(herein) 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.

9. So far as grant of back wages is concerned, it depends upon case to case. But in the present case as the respondent was found guilty by the Cantonment Board but the order of Cantonment Board was set aside because it suffered from bias and it will be unfair to deny 50% back wages to the respondent (herein). The Division Bench also directed that more than 13 years have passed, therefore, it did not permit the respondent to proceed against the petition afresh. The Division Bench decided the matter on 10th January, 2005 and now more than 16 years have lapsed. Therefore, it would not be fair to permit the respondent to proceed afresh in the matter. Consequently, we do not find any merit in this appeal and the same is dismissed.

10. The respondent be reinstated with the benefit of 50% back wages and continuity of service.

11. No order as to costs.