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JAGMOHAN BANSAL
Ramesh Kumar Khanna – Appellant
Versus
Allahabad Bank – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 06.04.2015 (Annexure P-12) whereby claim of the petitioner with respect to salary for the suspension period i.e. 27.04.2010 to 30.04.2014 has been declined treating the suspension period as 'not on duty'. The petitioner has been further denied benefit of pension.
2. The petitioner joined respondent-Bank as Clerk on 16.12.1978. The respondent-Bank has amalgamated with Indian Bank. The petitioner was promoted to the post of Scale-1 officer on 27.10.1986. Time to time, he was further promoted. The petitioner was implicated in FIR No.7 dated 27.04.2010 under Section 7 and 13 (2) of Prevention of Corruption Act, registered at Police Station Vigilance Bureau, Amritsar. The petitioner was arrested on 27.04.2010 and he remained in custody till 14.05.2010. The respondent-Bank vide order dated 30.04.2010 (Annexure P-1) suspended the petitioner w.e.f 27.04.2010. It is apt to notice that the petitioner was suspended in terms of Regulation 12(2)(a) of Allahabad Bank Officer Employees (Discipline & Appeal) Regulations, 1976 (for sho
An employee acquitted in a criminal case is entitled to salary for the suspension period if no departmental proceedings are initiated, emphasizing the duty of the employer to reconsider suspension cl....
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.
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 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....
Withholding of pension and gratuity due to pending criminal proceedings is unconstitutional when departmental charges are dropped and no substantial justification is provided.
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 central legal point established in the judgment is the entitlement of an employee to pay and allowances during the period of absence from service following exoneration on criminal and departmenta....
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