ANOOP KUMAR DHAND
Saroj Agarwal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This petition has been filed by the petitioner with the following prayer:
Or any other appropriate relief which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner.'
Learned counsel for the petitioner submits that the petitioner was working on the post of Lower Divisional Clerk (LDC). Counsel submits that the petitioner was arrested in a Criminal Case lodged against her for the offence under Section 302 and 120B IPC. On the basis of her arrest, she was placed under suspension on 04.09.2006 and she remained
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 competent authority has the power to grant full pay and allowances for the period of suspension if it is of the opinion that the suspension was wholly unjustified.
An employee, upon acquittal from criminal charges and reinstatement, is entitled to receive differential back wages for the period of suspension.
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 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 ....
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