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.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC appearing for the respondents.

2. The petitioner has instituted the present writ petition praying for the following reliefs:

“(i) A Writ in the nature of mandamus shall not be issued directing the respondents to afford equal pay along with his batch-mate who were inducted in the force on 2007.

(il) Writ in the nature of mandamus directing the authority to pay full amount of salary from the date of dismissal to the date of reinstatement. i.e. 09-07-2014 to till 02-07-2021.

(iii) Writ in the nature mandamus shall not be issued directing the respondents to afford all the financial and service benefit including seniority and to further count his intervention period from i.e. 09-07-2014 to till 02-07-2021, as on duty while calculating his pension amount.”

3. The petitioner, herein, while serving as Constable (GD), Central Reserve Police Force (CRPF) at Sinkiview, Itanagar was arrested in connection with a criminal case on 20-02-2014. The petitioner having remained under detention for more than 48 hours, he was placed under suspension/ deemed suspension w.e.f. 20-02-2014. Thereafter, a departmental proceeding was instituted against the petitioner, herein, vide issuance of a memorandum dated 10-03-2014. The said departmental proceeding was continued and the enquiry report being submitted on 23-04-2014 by the Enquiry Officer, the Disciplinary Authority proceeded vide order dated 09-07-2014 to impose the penalty of dismissal from service upon the petitioner, herein.

The appeal preferred by the petitioner in the matter against the order of dismissal from service also came to be rejected.

Being aggrieved by the order of dismissal from service, the petitioner assailed the same before this Court by way of instituting a writ petition being W.P.(C) No. 3157/2016. A Coordinate Bench of this Court upon appreciating the materials coming on record in the said proceeding, proceeded vide order dated 25-03-2021 to interfere with the order of dismissal from service of the petitioner. Having interfered with the order of dismissal from service of the petitioner, a liberty was granted to the respondent to hold fresh enquiry against the petitioner in accordance with the provisions of CRPF Act and Rules.

It is seen that the respondent authorities in pursuance to passing of the said order dated 25-03-2021 by the Coordinate Bench of this Court, had on examination of the order decided not to prefer any appeal against the same and to comply with the directions passed in the matter. The petitioner accordingly was reinstated in his service. The respondent authorities after reinstatement of the petitioner had drawn up a proceeding against the petitioner on 09-07-2021 and on conclusion thereof the petitioner was imposed with a punishment to undergo 20 (twenty) days confinement to line in terms of the CRPF Act 1949 and Rules there-under. The petitioner noticed that on being reinstated in his service he was being authorized his pay and allowances at a lower stage than that authorized to his batch mates who were also inducted into the force along with him in the year 2007 and accordingly has instituted the present proceeding, praying for the reliefs noticed hereinabove.

4. Mr. D. Gogoi, learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submi