STATE OF U.P. AND ANR. versus VED PAL SINGH AND ANR.

Citation: [1996] SUPP. 7 S.C.R. 233 · Decided: 07-10-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

STATE OF U.P. AND ANR. 
v. 
VED PAL SINGH AND ANR. 
OCTOBER 7, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Seivice Law: 
From the Judgment and Order dated 12.8.92 of the Allahabad High 
Court in W.P. No. 507 of 1983. 
Ashok K. Srivastava for the Appellants. 
B.S. Mor, Ms. Kusum Singh and M.S. Dhaiya for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
We have heard learned counsel on both sides. 
A 
B 
F 
G 
This appeal by special leave arises against the judgment of the High 
Court of Allahabad dated 12.8.92 made in W.P. No. 507/83. It is not H 
233 
234 
SUPREME COURT REPORTS (1996] SUPP. 7 S.C.R. 
A necessary to re-count all the events touching upon the interference by the 
High Court in the matter. We issued notice only on the limited question 
of payment of back wages. The respondent who was on temporary service 
was removed from service on conviction by criminal court. A criminal case 
had been initiated against him for offence under section 409 I.P.C. No 
B 
doubt, later, he was acquitted of the charge. The record of the service of 
the respondent was produced before the Tribunal. The Tribunal on going 
through the record was not inclined to interfere with the order. But the 
High Court had interfered with the removal of the respondent from service. 
Since we are not going into the question of correctness of the removal of 
the respondent from service after acquittal, it would suffice to state that 
C from the record placed before us, we are satisfied that the respondent is 
not entitled to the back wages. His integrity was doubted and he was found 
to be man of doubtful integrity. His confidential reports are not good. 
Corruption is the result of deep-seated moral degradation and un-
D satiated greed for wealth. The office of public service affords an oppor-
tunity to the public servant to abuse of the office and in that pursuit to 
accept illegal gratification for the discharge of official duty. Criminal 
prosecution launched against the public servant many a time may end may 
be due to technical defects inapathy on the part of the prosecution or 
approach in consideration of the problem or the witnesses, turn hostile or 
E other diverse reasons but the meat of the matter is that on equitable 
consideration the Government servant claims re-instatement into service. 
Equity per se may not prevent the Government to take appropriate action 
under the conduct rules or under Article 311 of the Constitution but many 
a time they do become fruitless exercise. Resultantly public servant on re-
p 
instatement claims consequential benefits including back wage. On many a 
occasion, public servant avoids the detection of corruption or by skilful 
management proof of commission of corruption would be wanting. But his 
conduct gains notoriety in service and among the public in that behalf and 
payment of back wages would provide an impetus and put a premium on 
corruption. The society has to pay the price for corrupt officers from public 
G exchequer. Therefore, when the court directs payment of back wages or 
re-instatement, the court/tribunal is required to consider the backdrop of 
the circumstances and pragmatically apply the principle to the given set of 
facts. No abstract principle of universal application could be laid in that 
behalf. The confidential reports of the officer prior to initiation of the 
H prosecution do furnish the evidence of conduct of the public servant. It is 
STATEv. VEDPALSINGH 
235 
the duty of the officer to place his material and of the Government to place A 
all the necessary record in that behalf before the court/tribunal for con-
sideration and it would be for the court/tribunal to consider and decide 
the matter. This Court has pointed out in several cases the need to record 
confidential reports objectively and dispassionately with a reformative pur-
pose to enable the public servant to reform himself to improve quality of . B 
the service and efficiency of the administration. Parochial, sectorial or 
nepotic approach would be deleterious to the efficiency of administration 
and maintenance of discipline in service confidential reports placed on 
record in this case do disclose such deleterious tendency in writing the 
confidential reports. One set of officers reported integrity of the appellant 
and while diametrically in opposite terms the predecessor officer had C 
reported doubtful integrity of the appellant. They do demonstrate the lack 
of o

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