1987 INSC 0366
                                                     Dr. Ved Vrat

                                                           Vs

                                             Union of India and Others

                                          Civil Appeal No. 4001 of 1984

                                        (Ranganath Misra, M. M. Dutt JJ)

                                                      29.07.1987

                                                        ORDER

1. Appellant in this appeal by special leave is an Orthopaedic Surgeon and is in the employment of
the Union Territory of Delhi. There is no dispute that he is liable to be transferred and posted in any
other Union Territory. Dispute arose relating to his transfer to the Andamans and a disciplinary
action has been initiated against him on the allegation that he refused to comply with the order of
transfer.

2. Under the interim directions of this Court the appellant later went to Andmaman and after
reporting there to duty has been posted back to Delhi and now he is in one of the Delhi Hospitals.
Three aspects have been advanced before us-The first relates to the salary for the intervening period
which is said to be from October 1979 to July 1984; the second contention is with reference to other
service benefits and the third is as to justification of continuing the disciplinary proceedings.

3. We have heard learned counsel for the parties and are of the view that the manner in which the
entire thing has been handled is not creditable for either party but it is not necessary to go into the
merits any further.

4. Mr. Ghosh appearing for the appellant has agreed to our suggestion that the appellant shall forego
two years' salary out of the period aforesaid in case all the remaining service benefits to which
appellant is entitled to are given. we consider this appropriate in the facts and circumstances of this
case. We see no reason as to why the appellant should suffer any other loss of service benefits nor
do we see any utility in continuing the disciplinary proceedings. We accordingly direct the disposal
of the appeal in the following terms :

                  (1) The appellant shall be entitled to all his service benefits excepting actual salary
                  for a period of two years relating to the gap between October 1979 and July 1984.

                  (2) The disciplinary action against him shall terminate.

                  (3) Mr. Ghosh has agreed and in the presence of the party we have indicated that the
                  appellant would be liable to be posted out as and when the appropriate authority
                  directs.

                  (4) The amount paid pursuant to interim orders of this Court shall be adjusted against
                  the appellant's dues and his dues be settled within 60 days from today.
5. The appeal is disposed of accordingly. These will be no order as to costs.
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