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MINI PUSHKARNA
V. C. Jain – Appellant
Versus
State Bank of India – Respondent
JUDGMENT
Mini Pushkarna, J. - The present writ petition has been filed with prayer for directions to the respondent to pay the arrears of salary to the petitioner with effect from 21st September, 2002 to 24th March, 2011, with further prayer to re-fix his pensionary and retirement benefits by treating the said period as spent on duty.
2. The facts in brief are as follows:
2.1. The petitioner joined the services of the State Bank of India ("SBI")/respondent bank as a Cashier in the year 1972. He was posted as a Branch Manager (Scale-III) at Laxmi Nagar Branch in the year 2002, when a complaint was lodged against him by one Sh. Gurcharan Singh who alleged that the petitioner had sought bribe from him. First Information Report ("FIR") was registered against the petitioner by the Central Bureau of Investigation ("CBI"). Thus, CBI investigation was initiated, pursuant to which the petitioner was arrested on 21st September, 2002 and later on released on bail.
2.2. Consequently, the respondent bank suspended the petitioner vide letter dated 24th September, 2002 with effect from 21st September, 2002. In the meanwhile, respondent initiated departmental proceedings against the petitioner vide ch
An employee acquitted of criminal charges is not automatically entitled to salary or benefits for the suspension period unless explicitly provided by the reinstatement terms. (Sections 10(1)(b)(i) an....
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 ....
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....
An employee acquitted in a criminal case is entitled to salary for the suspension period if no departmental proceedings are initiated, emphasizing the duty of the employer to reconsider suspension cl....
An employee dismissed due to criminal conviction is not entitled to reinstatement or back wages if acquitted after retirement, as per Article 311.
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.
The central legal point established in the judgment is the entitlement of an employee to pay and allowances during the period of absence from service following exoneration on criminal and departmenta....
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....
The mere pendency of the appeal against acquittal does not entitle the employer to continue the penalty of removal from service. The acquitted employee is entitled to backwages and continuity of serv....
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