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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajay Bhanot,J.
Shivakar Singh – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Ajay Bhanot, J.
Ref: Civil Misc. Correction Application No.11 of 2025 Heard.
Correction application is allowed.
Necessary correction has been incorporated in the order dated 06.02.2025. The correct order shall read as under:
“1. Heard Shri Akash Khare, learned counsel for the petitioner, learned Standing Counsel for the respondent No.1-State and Shri Abhishek Srivastava, learned counsel for the respondents No.2 and 3.
2. The petitioner is aggrieved by the order dated 23.04.2020 declining to pay arrears of salary to the petitioner for the period commencing from 23.01.2015 to 18.12.2018. The impugned order records that the petitioner was imprisoned from 23.01.2015 to 18.12.2018 after a criminal case was registered against him under Section 13 (1)(b) read with Section 13 (1) of the Prevention of Corruption Act, 1988. The F.I.R. was filed by one S.S. Chaudhary, Superintendent of Police, Anti Corruption Department against the petitioner on the complaint received from a private electricity consumer. The salary has been refused on the application of the principle of “no work no pay”.
3. Briefly put the prosecution case in the F.I.R. was that the petitioner had demanded bribes for e
The principle of 'no work no pay' applies, denying backwages to an employee imprisoned for misconduct, as absence was not due to employer's action.
The principle of 'no work no pay' applies in service jurisprudence, denying backwages to an employee absent due to imprisonment for a crime.
An employee absent due to personal misconduct cannot claim back wages under the principle of 'no work no pay', unless acquitted of charges impacting employment.
The principle of 'no work no pay' applies, and backwages cannot be granted to an employee absent due to criminal proceedings not initiated by the employer.
An employee dismissed due to criminal conviction is not entitled to reinstatement or back wages if acquitted after retirement, as per Article 311.
The principle of 'no work, no pay' cannot be invoked when an employee is unlawfully prevented from discharging their duties, affirming the entitlement to pay during such periods.
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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