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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajay Bhanot,J.
Shivakar Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ajay Bhanot, J.
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 electricity connection from a consumer. The petitioner was thereafter confined to jail from 23.01.2015 to 18.12.2018 during the course of the trial. The petitioner did not discharge his duties for the aforesaid pe
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, 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, and backwages cannot be granted to an employee absent due to criminal proceedings not initiated by the employer.
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.
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.
An employee who is suspended without any inquiry in contemplation and subsequently acquitted in a criminal case is entitled to salary for the period of suspension and may be entitled to back wages, a....
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