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Gian Chand vs M/O Food on 4 July, 2018 cites

Gyan Chand vs Union Of India & Ors on 4 December, 1995

21. The aforesaid observations on legal issue, squarely cover the case in hand. Since in the present case, even no departmental proceedings were ever initiated against the applicant and only because of the criminal trial, he had been placed under suspension, and once he stands acquitted by disbelieving the recovery, which had been shown from the applicant, and giving him benefit of doubt, no (O.A.NO. 060/00779/2016 ) 11 (Gian Chand vs. UOI & Ors.) fault can be fastened upon him in remaining away from his duties and responsibilities.
Supreme Court of India Cites 0 - Cited by 12 - K Ramaswamy - Full Document

Ranchhodji Chaturji Thakore vs The Superintendent Engineer, ... on 28 October, 1996

"If prosecution, which ultimately resulted in acquittal of the person concerned was at the behest or by department itself, perhaps different considerations may arise. On the other hand, if as a citizen the employee or a public servant got involved in a criminal case and if after initial conviction by the trial Court, he gets acquittal on appeal subsequently, the department cannot in any manner be found fault with for having kept him out or service, since the law obliges, a person convicted of an offence to be so kept out and not to be retained in service. Consequently, the reasons given in the decision relied upon [ins. Ranchhodji Chaturji Thakore v. Superintendent Engineer, Gujarat Electricity Board, Himmatnagar & Anr., AIR 1997 SC 1802], for the appellants are not only convincing but are in consonance with reasonableness as well. Though exception taken to that part of the order directing reinstatement cannot be sustained and the respondent has to be reinstated, in service, for the reasons that the earlier discharge was on account of those criminal proceedings and conviction only, the appellants are well within their rights to deny backwages to the respondent for the period he was not in service. The appellants cannot be made liable to pay for the period for which they could not avail of the services of the respondent. The High Court, in our view, committed a grave error, in allowing backwages also, without adverting to all such relevant aspects and considerations.
Supreme Court of India Cites 3 - Cited by 143 - K Ramaswamy - Full Document

Bhag Singh vs Punjab And Sind Bank And Ors. on 16 August, 2005

20. A Division Bench of the Hon'ble jurisdictional High Court in BHAG SINGH VS. PUNJAB AND SIND BANK, 2005(6) SLR 464, examined the said issue wherein an employee had been acquitted by giving the benefit of doubt. Accordingly, it came to the conclusion that the concept of honourable acquittal, fully exonerated or acquitted of blame are all unknown to the Criminal Procedure Code, 1973 and held that the petitioner employee was entitled to all consequential benefits especially since he had already been exonerated in the departmental proceedings. Relevant portion of the judgment reads as under:-
Punjab-Haryana High Court Cites 17 - Cited by 43 - S S Nijjar - Full Document

Jaipur Vidyut Vitran Nigam Ltd.& Ors vs Nathu Ram on 23 November, 2009

Reliance in this regard on the judgment of the Supreme Court in JAIPUR VIDYUT VITRAN NIGAM LTD. & ORS. VS. NATHU RAM, 2010(1) SCC 428. In this case, the Hon'ble Supreme Court dealt with the case of a casual labour working in the erstwhile Rajasthan State Electricity Board who was subsequently regularized on the post of Helper but was caught accepting bribe by the Anti Corruption Bureau which led to his suspension and registration of a criminal case. He was sentenced by the trial Court for committing offences under various provisions of Indian Penal Code read with S.5(1) (d) and S.5(2) of the Prevention of Anti Corruption Act, 1947 and was sentenced to one year rigorous imprisonment. The trial Court acquitted the Helper of the charges framed against him. He was reinstated but denied back wages. In these circumstances, the Court held that the circular issued by the Nigam provided that the employee could be deemed to be notified to full pay and allowances for the period from the date of acquittal to the date of reinstatement.
Supreme Court of India Cites 5 - Cited by 28 - T Chatterjee - Full Document
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