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VIPUL M. PANCHOLI, RUDRA PRAKASH MISHRA
Bhagwan Ram – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J. – The present appeal has been filed by the appellant under Clause X of the Letters Patent of Patna High Court Rules against oral Judgment dated 27.02.2020 rendered by learned Single Judge in Civil Writ Jurisdiction Case No. 13042 of 2018.
2. The factual matrix of the case is as under: –
2.1. The present appellant is the original writ petitioner who filed the caption writ petition before this Court in which the writ petitioner had stated that he joined as Government Teacher in Primary School, Dumrawan, Aghoura, Shahabad on 21.06.1971. It is further stated that thereafter on 22.05.1978, FIR bearing Mohania P.S. Case No. 8 of 1978, was lodged for the offence punishable under Section 302 of the Indian Penal Code against the petitioner and others and thereafter the petitioner was suspended vide order dated 29.05.1978 from his duty on account of which he is being held an accused in the aforesaid FIR. It is further stated that the learned 4th Addl. Sessions Judge, Rohtas at Sasaram, vide order dated 18.12.1987 convicted the accused persons including the petitioner for the offences punishable under Sections 302 read with 34 of the Indian Penal Code in Sessions Trial No
An employee acquitted after suspension and reinstatement is entitled to back wages for the period of suspension and to seniority and consequential benefits, including promotion, at par with the last ....
An employee dismissed due to criminal conviction is not entitled to reinstatement or back wages if acquitted after retirement, as per Article 311.
A dismissal based solely on a criminal conviction that is later overturned lacks legal standing, necessitating reinstatement and the provision of benefits to the affected employee.
The main legal point established in the judgment is that periods of absence due to incarceration should be considered for seniority and pensionary benefits, and the Industrial Disputes Act, specifica....
Acquittal does not imply entitlement to backwages if dismissed due to criminal conviction initiated independently of the employer.
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