Union Of India Etc. Etc vs K.V. Jankiraman Etc. Etc on 27 August, 1991
The learned counsel referred to Paragraphs 25 &
26 of the K.V.Jankiraman (supra) case. Hon'ble Supreme
Court observed that the normal rule of "no work no pay" is
not applicable to cases where the employee although is willing
to work is kept away from work by authorities for no fault of
his. In paragraph 26, the Apex Court talks of disciplinary/
criminal cases where the employee gets exonerated giving
benefit of doubt or on account of non-availability of evidence
due to the acts of employee and subsequently it postulated
guidelines for the administrative authorities to decide the
cases taking into all facts and circumstances of the
disciplinary/criminal prosecution. Where the authorities
decide to deny arrears, they should record reasons for doing
so.