STATE OF PUNJAB AND ORS.

A v.

KRISHAN NIWAS

MARCH 14, 1997

[K. RAMASWAMY AND G.T. NANAVATI, JJ.] B

Service Law :

Departmental proceedings--Employee convicted u/s. 302 !PC and sentenced to undergo imprisonment for lif e-Depa1tme11tal proceedings initiated C against him and he was removed from service---011 appeal against judgment of trial coult, conviction u/s. 302 modified to one u/s. 325 !PC and impriso11me11t for 1-112 years awarded-After undergoing the sentence deli11quent filed depaltmental appeal and the appellate authority reduced punishment of removal from service to reversion in lower pay scale without the be11efit of back-wages-Employee accepted the order and joi11ed duty-Later he filed a D civil suit for declaration that his dismissal from service, reduction of rank a11d not allowi11g him back-wages were illegal-Trial Cowt dismissed the suit but appellate coult decreed the suit and, High Coult confiimed the decree-Held, the employee having accepted the order of the appellate authority and joined the post, it was not open to him to challenge the order subsequentl; r-By his conduct he has accepted the correctness of the order a11d acted upo11 it-Civil E Coult would 11ot have go11e iitto the merits and decided the matter against the Government-Order of appellate coult and High Coult are set aside and the order of trial court stands confimied.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2222 of F 1997.

From the Judgment and Order dated 7.3.96 of the Punjab & Haryana High Court in R.S.A. No. 2662 of 1995.

H.M. Singh and R.S. Suri for the Appellants.

P.N. Puri for the Respondent.

The following Order of the Court was delivered :

Leave granted. We have heard counsel on both sides. 1135

SUPREME COURT REPORTS

[ 1997] 2 S. C.R.

A This appeal, by special leave, arises from the judgment of the Punjab & Haryana High Court made on March 7, 1996 in Second Appeal No. 26fJ2/95.

The admitted facts are that the respondent was charged for an offence under Section 302 l.P.C. He was convicted and sentenced to undergo imprisonment for life. Thereafter, proceedings were initiated against him under B Article 311(2) of the Constitution and he was removed from service. Appeal against his conViction under Section 302 I.P.C. was allowed by the High Court.

Punishment of conviction under Section 302 !PC was modified to one under Section 325 lPC and he was directed to undergo rigorous imprisonment for 1-1/2 years. After undergoing the imprisonment, the respondent filed an C appeal before the appellate authority. The appellate authority by order dated March 1, 1989 reduced the punishment of removal from service to lower scale of pay drawn by him and directed that he was not entitled to back-wages. The respondent accepted it and joined duty on June 5, 1989. Subsequently, he filed a civil suit for declaration that his dismissal from the service and reduction of rank and also the direction that he i<; not entitled to pay the arrears of wages, D were illegal. The trial Court dismissed the suit. On appeal, the Addi. District Judge reversed the judgment of the trial Court and decreed the suit. In the second appeal, the High Court has confirmed the same. Thus this appeal, by special leave.

E Learned counsel for the respondent contends that the offence with which he was sentenced under Section 325 !PC does not involve his moral turpitude and, therefore, the imposition of punishment of reduction of his scale of pay and also denial of back-wages, is cl..; arly illegal and that the appellants arc not entitled to challenge the order. We find no force in the contention. The respondent having accepted the order of the appellate F authority and joined the post on June 5, 1989, it was not open to challenge the order subsequently. By his conduct he has accepted the con:ctness of the order and then acted upon it. Under these circumstances, the civil Court would not have gone into the merits and decided the matter against the appellants.

Accordingiy, the appeal is allowed. The orders of the High Court and the appellate Court stand set aside and that of the trial Court stands confirmed. No costs.

R.P.

Appeal allowed.