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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, TEJAS KARIA
State Bank Of India – Appellant
Versus
V .C Jain – Respondent
| Table of Content |
|---|
| 1. background on the respondent’s employment, suspension, and reinstatement. (Para 2 , 4 , 5 , 8 , 12 , 16) |
| 2. acquittal's nature and its implications on employment status. (Para 10 , 11 , 18) |
| 3. legal reasoning supporting the denial of salary and service counting. (Para 20 , 21 , 39 , 44 , 46) |
| 4. discretion of the employer authority regarding counting of service. (Para 24 , 42 , 43) |
| 5. set aside of judgment favoring the respondent. (Para 48 , 49) |
JUDGMENT :
DEVENDRA KUMAR UPADHYAYA, C.J.
1. Heard the learned counsel for the parties and perused the records available before us on this intra-court appeal.
2. The instant appeal challenges the judgment and order dated 30.10.2023 passed by the learned Single Judge in W.P.(C) 4762/2012, in so far as it directs the appellant to count the period from 21.09.2002 to 24.03.2011 as period having been spent on duty by the respondent for the purposes of his pensionary and retiral benefits, with a further direction to the appellant to re-fix his pensionary and retirement benefits accordingly.
3. Before adverting to the respective submissions made by learned counsel for the parties, we may state the facts relevant for the purposes of resolv
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....
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....
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....
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.
An employee dismissed due to criminal conviction is not entitled to reinstatement or back wages if acquitted after retirement, as per Article 311.
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 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....
Acquittal in bribery case does not automatically entitle suspended employee to full backwages; competent authority may treat suspension as leave, applying 'no work no pay' where prosecution not by em....
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