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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Artabandhu Behera – Appellant
Versus
State Of Odisha, Represented Through Its Special Secretary, Home Department – Respondent
| Table of Content |
|---|
| 1. dismissal due to criminal conviction (Para 2 , 3) |
| 2. entitlement to salary after acquittal (Para 4) |
| 3. conditions for back wages post-acquittal (Para 5 , 6 , 7) |
| 4. authority's discretion on financial benefits (Para 8 , 9) |
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. U.K. Sahoo, learned counsel for the Petitioner and Mr. G. Tripathy, learned AGA for State - Opposite Parties.
2. The Petitioner who is serving as Havildar in Government Railway Police has prayed for release of his salary and other financial benefits for the period he was dismissed from service on account of conviction in criminal case.
3. On 21st May, 1999 when the Petitioner was posted in Odisha Motor Vehicle Department and discharging his duty of checking the vehicles at Link road, Cuttack was found collecting illegal money from the vehicles and accordingly upon vigilance raid huge amount of unexplained cash was found from possession of the Petitioner. Thus a case was registered for commission of offences under Sections 7 & 13(2) read with Section 13 (1) (d) (i) (ii) of the PC Act, 1988. In the trial in TR Case No.204 of 2007/15 of 2001 the Petitioner was convicted and consequently he was dismissed from servi
An acquitted public servant does not automatically qualify for back wages for the period of dismissal due to prior conviction; entitlement is contingent upon disciplinary proceedings supporting reins....
An employee dismissed due to criminal conviction is not entitled to reinstatement or back wages if acquitted after retirement, as per Article 311.
In cases where an employee is involved in a crime, subsequent acquittal does not automatically entitle them to backwages, especially if the 'no work no pay' principle applies.
Acquittal does not imply entitlement to backwages if dismissed due to criminal conviction initiated independently of the employer.
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....
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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