STATE OF U.P. AND ANR.versusVED PAL SINGH AND ANR.

                      STATE OF U.P. AND ANR.                           A
                                  v.
                      VED PAL SINGH AND ANR.

                          OCTOBER 7, 1996

          [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]                       B

     Seivice Law:




     From the Judgment and Order dated 12.8.92 of the Allahabad High
Court in W.P. No. 507 of 1983.
                                                                       F
     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 :
                                                                       G
     Leave granted.

     We have heard learned counsel on both sides.

     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
    doubt, later, he was acquitted of the charge. The record of the service of
B   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 objectivity on the part of some officers in writing the confidential
  reports. This would be very sad state of affairs impinging upon efficiency
  of administration. We have confined to the question of payment of back
  wages with an intention that on reinstatement the appellant would reform D
  himself purging from the proclivity of corrupt practices and prove himself
  to be a useful public servant to himself, to the family and to the society. In
  the light of the confidential reports indicating doubtful integrity, we are of
  the view that it is not expedient to direct payment of back wages, though
  ht: was acquitted by the criminal court may be on technical ground or on
. merits, he is not entitled to back wagers. As stated earlier the circumstan- E
  ces of the case and conduct of the appellant do furnish justification in
  denying him the back wages lest it would be a premium on proclivity for
  corruption.

      The appeal is accordingly allowed. The order directing payment of
 back wages stands set aside. No costs.                                       F

 R.P.                                                      Appeal allowed.