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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Janardan Singh, Son Of Late Kamdeo Singh – Appellant
Versus
State of Bihar through the Addl. Chief Secretary, Department of Education – Respondent
JUDGMENT :
HARISH KUMAR, J.
This Court has heard Mr. Binod Kumar, learned Advocate for the petitioner and Ms. Sunita Kumar, learned Advocate for the State. Mr. Siddhartha Prasad, learned Advocated appeared as Amicus Curiae in pursuant to the order of this Court to assist on the point of law.
2. The challenge in the present writ petition is made to an order dated 16.09.2010 contained in Memo No. 4093, issued by the District Superintendent of Education, Patna by which the services of the petitioner as Assistant Teacher was dismissed under Rule 20(1) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘the Rules, 2005’). The petitioner also sought a direction upon the respondents to grant all consequential benefits, including salary, pensionary benefits, gratuity, leave encashment, arrears of pension with interest for the period of service up to the date of retirement by calculating on the basis of last pay scale.
3. Briefly stated, the petitioner was appointed as an Assistant Teacher in Government Middle School on 06.04.1982 and served without any adverse entries until he became an accused in a criminal prosecution arising out of M
An employee dismissed due to criminal conviction is not entitled to reinstatement or back wages if acquitted after retirement, as per Article 311.
Point of law: Mere acquittal in a criminal case is not conclusive of the suitability of the candidate to the post concerned. If a person is acquitted or discharged, it cannot always be inferred that ....
Mere acquittal in a criminal case does not guarantee reinstatement for public servants, especially if integrity concerns persist following a conviction overturned on technical grounds.
The acquittal in a criminal case, not being an honourable acquittal, does not automatically entitle the petitioner to reinstatement. The employer's concern regarding the integrity, honesty, and trust....
An acquitted public servant does not automatically qualify for back wages for the period of dismissal due to prior conviction; entitlement is contingent upon disciplinary proceedings supporting reins....
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 ....
Acquittal does not imply entitlement to backwages if dismissed due to criminal conviction initiated independently of the employer.
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