Short Note : 1. The petitioner was appointed as Sub-Inspector of Police in January 1943 and confirmed on that post in January 1945. He then went on deputation to Hyderabad in 1948 during the Police Action. On return from deputation after a few years, he was placed under suspension on 13-3-51 on charges of corruption. He was then dismissed in 1952 as a result of the domestic enquiry. The petitioner challenged his dismissal by a writ petition in this Court which was allowed and that decision was affirmed by the Supreme Court and is reported in State of Madhya Pradesh v. Chintaman Sadashiv Vaishamyan, AIR 1961 SC 1623 , The result was that the petitioner's dismissal was set aside and he was reinstated with effect from 1-5-61 with full benefits by Order Annexure A dated 26-12-64. 2. While directing the reinstatement of the petitioner by Order Annexure A, it was also ordered that he would be paid his full pay for the entire period of suspension which was to be treated as spent on duty, but the earnings made by him from private sources during that period were to be deducted from the amount remaining to be paid to him. Held: Shri V.S. Dabir, learned counsel for the petitioner, makes two grievances on behalf of the petitioner. His first grievance is that no such deduction could have been made. There is no dispute that the petitioner made no grievance against this deduction which wall only of the amount which had been admittedly earned by the petitioner from private sources during the same period as earlier stated. This petition was filed on 24th October 1972 long after a Civil Suit for recovery of that amount had become time-barred. In such a situation, in our opinion, the petitioner should be denied this relief on this ground alone, since it would not be proper to exercise our discretionary power in this matter in the petitioner’s favour and that too, to enable the petitioner to earn double benefit for apparently no reason. It is not disputed that according to the general principles applicable to assessment of damages. the employer would be entitled to deduct the earnings made by the dismissed employee from the back wages on his reinstatement in such a situation. The applicability of this principle to industrial employees is also not disputed before us. It is not disputed that according to the general principles applicable to assessment of damages. the employer would be entitled to deduct the earnings made by the dismissed employee from the back wages on his reinstatement in such a situation. The applicability of this principle to industrial employees is also not disputed before us. This claim of the petitioner is rejected for this reason alone. Petition dismissed.