HC: Reinstated employee entitled to full benefits
Saurabh Malik
Tribune News Service
Chandigarh, September 19
The Punjab and Haryana High Court has made it clear that a government employee initially dismissed, removed, compulsorily retired or suspended from service but reinstated after being fully exonerated was entitled to full pay and allowances.
Referring to Rule 7.3 of the Punjab Civil Services Rules, Justice Tejinder Singh Dhindsa asserted: “A bare reading of the provision would make it clear that a government employee who has been dismissed, removed, compulsorily retired or suspended, is re-instated upon having been fully exonerated, then he shall be given full pay and allowances to which he would have been entitled to had he not been dismissed, removed, compulsorily retired or suspended as the case may be”. Justice Dhindsa also held as arbitrary Punjab’s action of denying an exonerated policeman his full pay and allowances while granting the same to a similarly placed colleague.
The ruling came on a petition filed by Sucha Singh against Punjab and other respondents. Serving as an Assistant Sub Inspector in the Punjab Police, he was dismissed from service after being convicted in August 2000 by Jalandhar Special Judge under the provisions of the Prevention of Corruption Act.
In November 2010, his conviction orders were set aside after his appeal was allowed, following which the Director-General in July 2011 reinstated him in service. The petitioner, however, was denied salary and allowances for period he remained out of service.
Also raising the plea of discrimination, his counsel contended ASI Surjit Singh too was dismissed solely upon conviction. But upon acquittal, he was ordered to be reinstated in service with full pay and allowances for the period he remained out of service.
“The action of the respondent-authorities in denying to the petitioner full pay and allowances for the period in question while granting the same very benefit to his colleague, Surjit Singh, who was identically situated, is held to be arbitrary and violative of Articles 14 and 16 of the Constitution of India”.
Allowing the petition, Justice Dhindsa asserted: “The order of conviction of the petitioner under the provisions of the Prevention of Corruption Act has been set aside and the petitioner stands completely exonerated. This court will have no hesitation in holding that in terms of Rule 7.3, the petitioner upon being acquitted would be entitled to the full salary and allowances for the period in question”.
Saurabh Malik
Tribune News Service
Chandigarh, September 19
The Punjab and Haryana High Court has made it clear that a government employee initially dismissed, removed, compulsorily retired or suspended from service but reinstated after being fully exonerated was entitled to full pay and allowances.
Referring to Rule 7.3 of the Punjab Civil Services Rules, Justice Tejinder Singh Dhindsa asserted: “A bare reading of the provision would make it clear that a government employee who has been dismissed, removed, compulsorily retired or suspended, is re-instated upon having been fully exonerated, then he shall be given full pay and allowances to which he would have been entitled to had he not been dismissed, removed, compulsorily retired or suspended as the case may be”. Justice Dhindsa also held as arbitrary Punjab’s action of denying an exonerated policeman his full pay and allowances while granting the same to a similarly placed colleague.
The ruling came on a petition filed by Sucha Singh against Punjab and other respondents. Serving as an Assistant Sub Inspector in the Punjab Police, he was dismissed from service after being convicted in August 2000 by Jalandhar Special Judge under the provisions of the Prevention of Corruption Act.
In November 2010, his conviction orders were set aside after his appeal was allowed, following which the Director-General in July 2011 reinstated him in service. The petitioner, however, was denied salary and allowances for period he remained out of service.
Also raising the plea of discrimination, his counsel contended ASI Surjit Singh too was dismissed solely upon conviction. But upon acquittal, he was ordered to be reinstated in service with full pay and allowances for the period he remained out of service.
“The action of the respondent-authorities in denying to the petitioner full pay and allowances for the period in question while granting the same very benefit to his colleague, Surjit Singh, who was identically situated, is held to be arbitrary and violative of Articles 14 and 16 of the Constitution of India”.
Allowing the petition, Justice Dhindsa asserted: “The order of conviction of the petitioner under the provisions of the Prevention of Corruption Act has been set aside and the petitioner stands completely exonerated. This court will have no hesitation in holding that in terms of Rule 7.3, the petitioner upon being acquitted would be entitled to the full salary and allowances for the period in question”.
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