An employee acquitted after a conviction is entitled to full back wages and benefits for the period of dismissal.

KULDIP SINGH, J.

1. The petitioner has moved this Court under Articles 226 and 227 of the Constitution of India, seeking writ in the nature of certiorari for quashing the order dated 28.10.2011 (Annexure-P-6), whereby the service period of the petitioner from 1.6.2005 to 18.1.2011 has been treated as without pay, but considered as duty period for other benefits (increments and pensionary benefits). The suspension period from 15.5.2002 to 30.7.2002 has been treated as leave of the kind due. The petitioner also seeks quashing of the order dated 15.6.2012 (Annexure-P-8), whereby the departmental appeal against the said order has been dismissed.

2. The brief facts of the case are that the petitioner was working as Assistant Revenue Accountant with Punjab State Power Corporation Limited. FIR No. 32 dated 15.5.2002 under Section 7 read with Section 13 (2) of the Prevention of Corruption Act, 1988, was registered against the petitioner by the Vigilance Bureau, Jalandhar. The petitioner was accordingly arrested and placed under suspension. He remained under suspension from 15.5.2002 to 30.7.2002 and thereafter reinstated in service during the pendency of the trial. The trial ultimately resulted in the conviction of the petitioner by the learned Special Judge, Kapurthala, vide judgment of conviction and order of sentence dated 22.5.2004. He was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000/- under Section 13 (2) of the Prevention of Corruption Act, 1988. He was also sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2,000/- under Section 7 of the Prevention of Corruption Act, 1988. On account of conviction of the petitioner, his services were terminated with effect from 22.5.2004, vide order dated 31.5.2005 (Annexure-P-1). The criminal appeal (CRA-1265-SB-2004) filed by the petitioner against his conviction and sentence was dismissed by this Court on 21.2.2006. The petitioner further preferred Criminal Appeal No. 1150 of 2006 before the Hon'ble Supreme Court of India, which vide order dated 18.1.2011 (Annexure-P-2), granted benefit of doubt to him and acquitted him of the charges. Accordingly, the petitioner was reinstated in service, vide order dated 18.4.2011 (Annexure-P-3). Thereafter, the petitioner represented to the respondent authority that the period of dismissal, period of suspension and non duty period be regularized and the pay and service benefits for the abovesaid period be released to him. Vide the impugned order dated 28.10.2011 (Annexure-P-6), the period during which he remained dismissed from service i.e. from 1.6.2005 to 18.1.2011 has been treated as without pay, but treated as duty period for other benefits like increments and pensionary benefits. The suspension period from 15.5.2002 to 30.7.2002 has been treated as leave of the kind due and the period from 22.5.2004 to 31.5.2004 has been treated as non duty period. The departmental appeal filed by the petitioner has been dismissed.

3. The petitioner claims that the period, during which he remained dismissed from service and suspension period should be treated as period spent on duty. Accordingly, he should be given all the pay and service benefits alongwith pensionary benefits.

4. In the reply, the respondents have taken the stand that during the period he remained under dismissal, he did not perform any service with the board/corporation. Therefore, it cannot be treated as duty period. However, it has been treated as duty period for the purpose of increments and pensionary benefits. The suspension period has already been treated as leave of the kind due as during this period, the petitioner had remained in judicial custody. The further period during which he remained in jail from 22.5.2004 to 31.5.2005, on account of dismissal of his appeal, has been treated as non duty period. The period from 19.1.2011 to 19.4.2011 has been treated as duty period. It was further pleaded that the petit