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RAJESH SHANKAR
Nilesh Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for quashing the office order as contained in memo no. 20 dated 06.01.2021 (wrongly typed as 06.01.2020) [Annexure-14 to the writ petition] passed by the respondent no. 2 – the District Education Officer, Hazaribagh to the extent the petitioner has been denied full salary except the subsistence allowance for the period from 03.01.2012 to 25.06.2015. Further prayer has been made for issuance of direction upon the respondents to pay full salary to the petitioner for the period from 03.01.2012 to 25.06.2015 in view of the fact that he has been acquitted in connection with T.R. No. 1969 of 2014, arising out of Sadar P.S Case No. 502 of 2011, corresponding to G.R No. 2208 of 2011 registered for the offences under Sections 379/411 of IPC.
2. Learned counsel for the petitioner submits that an FIR being Sadar P.S Case No. 502 of 2011 was lodged on 06.08.2011 under Sections 379/411 of IPC against unknown persons. The petitioner was apprehended in the said case on 06.09.2011 and was suspended from service with effect from the said date of arrest vide office order as contained in memo no. 2242 dated 15.09.2011. The petitioner
A government servant acquitted in a criminal case initiated by a private party is not entitled to full salary for the suspension period under the principle of 'no work no pay'.
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....
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