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IN THE HIGH COURT OF ALLAHABAD
AJAY BHANOT
Shivakar Singh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. basis for denial of backwages due to imprisonment. (Para 2 , 3) |
| 2. discussion on the application of 'no work no pay'. (Para 4 , 5) |
| 3. case law analysis regarding backwages and absence due to crime. (Para 6 , 7 , 8) |
| 4. distinction of cases based on departmental proceedings. (Para 9 , 10) |
| 5. rejection of relaxation of 'no work no pay' principle. (Para 11) |
| 6. final order on denial of backwages and entitlement to service continuity. (Para 12 , 13 , 14 , 15) |
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
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 in service jurisprudence, denying backwages to an employee absent due to imprisonment for a crime.
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.
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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