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High Court Of Delhi
S.K.BAI - Appellant
Versus
MUNICIPAL CORPORATION OF DELHI - Respondent
Civil 2686 of 1993
Decided On : 07/14/1994
Exoneration - Employee Benefits - The court held that when an employee is completely exonerated in criminal/disciplinary proceedings and is not penalized, they should not be deprived of any benefits, including the salary of the promotional post.
Fact of the Case:
The petitioner was completely exonerated in disciplinary proceedings and was appointed as a nursing sister with retrospective effect. The Municipal Corporation denied the petitioner the benefits of the salary of the promotional post.
Finding of the Court:
The court found that the petitioner was entitled to the benefits of the salary of the promotional post of nursing sister and ordered the amount to be paid within two months.
Issues: Entitlement to benefits of the promotional post salary for an exonerated employee.
Ratio Decidendi: An employee completely exonerated in disciplinary proceedings should not be deprived of any benefits, including the salary of the promotional post.
Final Decision: The petitioner is entitled to receive the amount and the petition is disposed of.
( 1 ) COUNSEL for the petitioner relies upon AIR 1991supreme Court 2010 (Union of India v. K. V. Jankiraman),wherein F. R. 17 has beenconsidered, and it has been stated that when an employee is completelyexonerated incriminal/disciplinary proceedings, and is not visited with penalty,even of censure indicating thereby that he was not blame worthy in the least, heshould not be deprived of any benefits including the salary of the promotional post.
( 2 ) ACCORDING to the counter-affidavit filed by the Municipal Corporation, thepetitioner was completely exonerated. She has not been visited with any penalty. She has been appointed as a nursing sister with the retrospective effect from31. 5. 1990 by order dated 4. 2. 1994.
( 3 ) IN this view of the matter, the Municipal Corporation is not right in sayingthat the petitioner is not entitled to the benefits of the salary of the promotional postof nursing sister. The petitioner is entitled to receive this amount. This amountbe paid to the petitioner within two months. With these observations, this petition is disposed of.
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