Back
PURNENDU SINGH
Mahendra Prasad Chauhan – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. Satya Ranjan Sinha, along with Ms. Seema Kumari and Mr. Dhananjay Kumar, learned counsels appearing on behalf of the petitioner and Mr. Mithlesh Kumar Singh, learned counsel for the respondents.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:—
I. To issue Rule of Certiorari for quashing the illegal order so far as against the petitioner of commandant, Bihar Military Police-2, Dehri vide Memo no.4907/R,ka. Dated 8.11.2011 contained in Annexure -3.
II. To grant all the reliefs which was granted to Binod Gond.
III. To grant all benefit such as promotion, salary and other allowances etc. in view of the fact that by the judgment of Hon’ble High Court setting aside dismissal of the petitioner.
IV. To grant any other relief/reliefs which the petitioner found entitled in the facts and circumstances of the case.”
3. The petitioner has claimed that he was appointed on 27.01.1991, but, the same has been denied by the respondents in their counter affidavit stating therein that date of appointment of the petitioner on the post of Constable in B.M.P.-9, Jamalpur is 18.01.1991 and thereafter the petitioner was posted at
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
A reinstated government servant who has been fully exonerated is entitled to full pay and allowances for the period of absence due to wrongful dismissal, as per Rule 54(2) of the Financial Handbook.
An acquitted employee in a criminal case is entitled to back wages for the period of enforced absence from service when the dismissal was set aside due to unfair trial in departmental proceedings.
The court established that reinstated employees are entitled to back wages unless it is demonstrated that they were gainfully employed during the period of absence due to dismissal.
Reinstated employees are entitled to count the dismissal period towards continuous service and receive corresponding benefits unless expressly limited by the reinstatement order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
