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AJIT KUMAR
Anil Kumar Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Vimal Chandra Mishra, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondents.
2. Petitioner before this Court, who is working as a Routine Grade Clerk in the institution, namely Government Girls Inter College, Fatehpur, is aggrieved by the order dated 1st May, 2018, whereby petitioner's claim for regular payment of salary for the period he remained under suspension on account of involvement in a criminal case, has come to be rejected.
3. Briefly stated facts of the case are that petitioner while working as Routine Grade Clerk in the institution came to be implicated in connection with criminal offence registered as Case Crime No. 177 of 2009 under Sections 396, 412, 201 & 120-B I.P.C., District - Fatehpur and remained in jail from 9th August, 2009 to 1st August, 2010 and then continued in detention from 1st August, 2010 on-wards until he was finally released pursuant to the judgment of the acquittal passed by the Sessions Court dated 30th January, 2016 in Sessions Trial No.- 606 of 2010, on 6th February, 2016. As a consequence to the implication of the petitioner in a criminal case and detention in jail, he h
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....
An employee involved in a criminal case, despite subsequent acquittal, may not be entitled to full salary for a suspension period if the involvement in the crime disabled the employee from rendering ....
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....
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