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V.C.Jain vs State Bank Of India on 31 October, 2023 cites

Union Of India And Ors vs Jaipal Singh on 3 November, 2003

The observation made in the judgment in Union of India v. Jaipal Singh [Union of India v. Jaipal Singh, (2004) 1 SCC 121 : 2004 SCC (L&S) 12] has to be understood in a manner in which the department would become liable for back wages in the event of a finding that the initiation of the criminal proceedings was mala fide or with vexatious intent. In all other cases, we do not see any difference between initiation of the criminal proceedings by the department vis-à-vis a criminal case lodged by the police. For example, if an employee is involved in embezzlement of funds or is found indulging in demand and acceptance of illegal gratification, the employer cannot be mulcted with full back wages on the acquittal of the person by a criminal court, unless it is found that the prosecution is malicious."
Supreme Court of India Cites 1 - Cited by 259 - Full Document

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

6. The decision of Ranchhodji Chaturji Thakore [Ranchhodji Chaturji Thakore v. Gujarat Electricity Board, (1996) 11 SCC 603 : 1997 SCC (L&S) 491] was followed by this Court in Union of India v. Jaipal Singh [Union of India v. Jaipal Singh, (2004) 1 SCC 121 : 2004 SCC (L&S) 12] to refuse back wages to an employee who was initially convicted for an offence under Section 302 read with Section 34 IPC and later acquitted by the High Court in a criminal appeal. While refusing to grant relief to the petitioner therein, this Court held that subsequent acquittal would not entitle an employee to seek back wages. However, this Court was of the opinion that if the prosecution 3 (2019) 5 SCC 809 Signature Not Verified Digitally Signed By:CHARU CHAUDHARY W.P.(C) 4762/2012 Page 15 of 18 Signing Date:31.10.2023 15:11:48 is launched at the behest of the department and the employee is acquitted, different considerations may arise. The learned counsel for the appellant endeavoured to distinguish the prosecution launched by the police for involvement of an employee in a criminal case and the criminal proceedings initiated at the behest of the employer.
Supreme Court of India Cites 3 - Cited by 143 - K Ramaswamy - Full Document
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