TaxTMI 
TaxTMI 
TaxTMI 
2006 (7) TMI 650
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....ckground needs to be noted in brief. The respondent was appointed as Driver in appellant No.1-U.P. State Road Transport Corporation (hereinafter referred to as the 'Corporation'). On 10.10.1990 while the respondent was plying the bus No.UGA 938 on Mussoorie road, all of a sudden the vehicle met with an accident and fell into a ditch. Thereafter, a disciplinary enquiry was initiated against the respondent in which the charges against the respondent were found proved and the appellant vide its order dated 31.3.1993 dismissed the respondent from service. Thereafter, the respondent filed an appeal before appellant No.2, which was rejected on 30.6.1993. Thereafter, the respondent raised an industrial dispute under Section 4-K of the U.P. Indust....
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.... Investigating Officer found him not guilty in the enquiry, even though he was dismissed from service. Labour Court found the respondent guilty and held that the termination was not unjustified. Challenging the order of Labour Court, the respondent filed a Writ Petition which, as noted above, was allowed by the impugned judgment. The foundation of the High Court's judgment was to the effect that in the criminal trial the respondent was acquitted and placing reliance on a decision of this Court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. and Anr. (1999 (3) SCC 679) the order of termination was set aside. In support of the appeal, learned counsel for the appellant submitted that the ratio in Anthony's case (supra) has no application....
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....der suspension. It is only a way of describing him as being under suspension when the order came to be passed but that does not constitute any stigma. Mere acquittal of government employee does not automatically entitle the government servant to reinstatement. As stated earlier, it would be open to the appropriate competent authority to take a decision whether the enquiry into the conduct is required to be done before directing reinstatement or appropriate action should be taken as per law, if otherwise, available. Since the respondent is only a temporary government servant, the power being available under Rule 5(1) of the Rules, it is always open to the competent authority to invoke the said power and terminate the services of the employee....
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....l proceedings cannot be unduly delayed. (v) If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, the administration may get rid of him at the earliest." Though the High Court had not indicated as to how the decision of this Court in Anthony's case (supra) laid down as a matter of law that whenever there is acquittal in a criminal trial re-instatement is automatic, in all probabilities basis was para 36 of Anthony's case (supra) which ....
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....ecision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates \026 (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is an authority for what it actually decides. What is of the essence in a decision is its ratio and not every observation found therein no....