Posted on : 04 October 2008 by SANJAY DIXIT
The Allahabad High Court ruled that if any employee was suspended on ground of pendency of a criminal charge after his acquittal in the case, the said suspension would automatically come to an end and as an effect the suspension would be deemed to be non-existent.
A two-judge bench, comprising Justices V M Sahai and S P Mehrotra said the of an appeal against the order of acquittal by state will not create any hurdle in the way to reinstate the employee ‘since the rule is confined only to the stage of trial and not to appellate stage.’ Allowing the writ petition of one Ram Khelawan Singh, the Court also directed the respondent to give all service benefit to the petitioner, including arrears of salary.
As per facts, the petitioner while working as divisional manager, Bijjnore in UP Forest Corporation was arrested on July 13, 2001 on the charge of taking illegal gratification of Rs 5,000 for which an FIR was also lodged against him under the Prevention of Corruption Act.
After this, the state government passed his suspension orders for on July 2, 2001 under Rule 4(3) of UP government servant (discipline and appeal) rules 1999.
Later, the petitioner was acquitted by the trial court during the criminal trial on September 16, 2003.