Last Updated on January 8, 2019 by Legalseva.net
Government job/service India is highly hailed, revered and glorified for its stability as no one can just throw you out from job without conducting proper departmental inquiry in sync with the service rules and procedures being adopted by the government organisation, department or cooperation.
The same goes for banks, government institutions, school , colleges, hospitals etc where government is in-charge for day-to-day affairs.
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But in criminal cases, the above said may go against you as the rule clearly states: “The government employ be suspended from job on initiation of criminal proceedings.” Once the criminal proceedings starts it may take years for it to get over and you may be deprived of the income. But soon after acquittal, you would be eligible for claiming your income for the suspended period or Trial undergone.
The same goes for your promotion, seniority , leave encashment and other service benefits that were rightfully yours in case the criminal proceedings were not initiated against you. Wait! This is not a general rule courts May vary from this view depending on the facts of the case.
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1 Acquittal on the basis of prosecution not able to prove case beyond reasonable doubt doesn’t fall under this category.
Hence, you can’t claim back wages as a matter of right as per the dictum laid by Supreme Court in PNB & Ors vs. KC Sareen & Anr on 10.11.2017
SBI & Anr vs. Mohammed Abdul Raheem
2013 (11) SCC 67
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2 The position of law relating to acquittal in a criminal case, it’s effect on departmental Proceedings and reinstatement in Service has been dealt in
UOI vs Bihari Lal Sidhana by Chhattisgarh High Court.
In Manoj Sharma vs State of Chhattisgarh
Before HC, Chattisgarh, it was clearly laid down that mere acquittal in criminal case is not a ground for reinstatement, if the termination is outcome of a departmental enquiry.
The same view has been taken by HC at Calcutta in State of WB & Ors vs. Ratan Sarkar decided on 3.8.2016.
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In this case where the policeman got acquittal in a criminal case and sought reinstatement but the parallel run departmental enquiry was against him which led his exoneration from the government service. Thus, the policeman was denied reinstatement on the basis of acquittal in government job.
3 Some organisations clearly follow ‘No work No pay’ principle when it comes to granting back wages to the employee for the terminated/ suspended period. Food Corporation of India (FCI) is one such.
The case to be noted is
Tamal Sen vs. FCI & Anr where High Court at Calcutta upheld the view of FCI.
The best part is during the period of suspension/trial , the subsistence allowance is paid regularly to the government employee.
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4 The hon’ble SC has discussed this issue in 5-Judge Bench judgment in
RP Kapur vs. UOI & Anr. (AIR 1964 787)
On acquittal in a criminal case & department proceedings arising on the same set of facts.
Further, this was confirmed by SC in
GM Tank vs. State of Gujarat (2006) 5 SCC 446
In this judgment it was held that no departmental Inquiry would be permissible when evidence clearly establishes that no charge against the government servant is made out.
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5 In BHEL vs. M Mani
BHEL vs. TA Mathivanan
Decided on Nov, 2017 in Civil Appeal 10766/67 of 2013 Supreme Court , it was laid down that the departmental proceedings should run independently of criminal case based on relevant service rules and procedures only.
Conclusion- Thus, in the end, there is no fixed rule to say that acquittal in Criminal case can ensure reinstatement in government service with back wages, seniority benefits etc.
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It is up to you to engage the best service lawyers of Central Administrative Tribunal (CAT) , Armed Forces Tribunal (AFT) Regional bench Chandigarh at Chandimandir, Education Tribunal Punjab Located at Mohali for you to succeed in your service related issue and the legal advice opinion which you are seeking. Be it a free legal advice or a paid one .
For more info on subject, please dial 99888-17966.
