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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK, SANDEEP V.MARNE
Lalchand N. Jumani – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
| Table of Content |
|---|
| 1. petitioner's service history, arrests, acquittals, suspension treatment sought (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties argue effect of acquittal on suspension pay (Para 6 , 7) |
| 3. issue: treat suspension as duty post-acquittal; leave regularization (Para 8 , 9 , 10) |
| 4. regulation 75: authority decides pay, duty status post-reinstatement (Para 11 , 12 , 13) |
| 5. acquittal does not automatically grant full backwages (Para 14 , 15) |
| 6. krishnakant: no automatic full pay despite acquittal (Para 16 , 17) |
| 7. ram lal: acquittal substance matters, not full pay automatic (Para 18 , 19 , 20) |
| 8. precedents uphold discretion, no-work-no-pay principle (Para 21 , 22 , 23) |
| 9. dismiss petition; affirm leave conversion decision (Para 24 , 25 , 26) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Petitioner has filed the present Petition seeking a direction for treatment of suspension period from 29 November 1986 to 9 May 1990 as duty and for grant of full pay and allowances for the said period.
2. Petitioner joined the services of Municipal Corporation of Greater Mumbai in 1977 as Junior Medical Officer. He was promoted to the post of Medical Officer of Health on 1 January 1980 and was posted in various Wards
Acquittal in bribery case does not automatically entitle suspended employee to full backwages; competent authority may treat suspension as leave, applying 'no work no pay' where prosecution not by em....
Point of Law : Question of back wages would be considered only if the authorities have taken action by way of disciplinary proceedings and the action was found to be unsustainable in law and the empl....
Point of Law : Cause of suspension and initiation of punitive action based on petitioner’s conduct leading to his prosecution were found to be sufficient to hold such suspension to be justified there....
The denial of back wages for the suspension period and the refusal to treat the suspension period as spent on duty were illegal and unjustified.
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