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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Balaram Bag – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge of dismissal and reinstatement process. (Para 3 , 4) |
| 2. state's justification for denying salary based on dismissal. (Para 5) |
| 3. final dismissal of the petition. (Para 7) |
JUDGMENT :
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
3. The present Writ Petition has been filed inter alia challenging order dtd. 16.08.2024 so passed by Government-Opposite Party No.1 under Annexure-10. Vide the said order, claim of the Petitioner to get the benefit of salary for the period he remained out of employment because of the order of dismissal passed on 16.06.2012 with the order of reinstatement passed on 31.07.2020 under Annexure-4 was rejected.
4.1. However, in the meantime, Petitioner claiming payment of the salary for the period he remained out of employment because of the order of dismissal, made a detailed representation before Opposite Party No.1 under Annexure-8. As no decision was taken on such claim of the Petitioner, Petitioner approached this Court by filing W.P. (C) No.38938 of 2023. This Court vide order dtd.07.12.2023 when directed Opposite Party No.1 to take a decision on the Petitioner’s claim, vide the impugned order dtd.16.0
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
An acquittal in criminal proceedings following a dismissal from service due to conviction can justify reinstatement if the related charges substantially overlap, ensuring fairness in judicial review.
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.
The court established that reinstated employees are entitled to back wages unless it is demonstrated that they were gainfully employed during the period of absence due to dismissal.
Mere acquittal in a criminal case does not guarantee reinstatement for public servants, especially if integrity concerns persist following a conviction overturned on technical grounds.
The acquittal in a criminal case, not being an honourable acquittal, does not automatically entitle the petitioner to reinstatement. The employer's concern regarding the integrity, honesty, and trust....
Point of law: Mere acquittal in a criminal case is not conclusive of the suitability of the candidate to the post concerned. If a person is acquitted or discharged, it cannot always be inferred that ....
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