Writ petition challenging denial of salary during jail custody despite acquittal. Court held salary claim not granted due to moral turpitude offence, but directed authorities to examine petitioner for promotion/ACp.
Petition partly allowed; respondents directed to examine petitioner's case for ACP and decide within four months if he is suitable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21549 of 2013
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Uday Prasad S/O Late Braj Kishore Prasad R/O Village Bhairavi Asthan Godabari, P.O- Chandchaura, P.S- Rampur, District- Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : M/s Sharda Nand Mishra & Deepak Kumar, Advs. For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 06-02-2023
The petitioner by way of this writ petition has prayed for quashing of order dated 03.03.2010 passed by the District Magistrate, Gaya, so far as he has denied salary during the period of jail custody except subsistence allowance.
Learned counsel for the petitioner submits that the petitioner was in custody on account of a criminal case registered against him under Section 376(2)(g) of the Indian Penal Code. The petitioner was acquitted of the charge vide judgment dated 4th July, 2009, by the learned District and Sessions Judge, Gaya. The District Magistrate has however not given him benefit of salary apart from subsistence allowance for the period when the petitioner remained in jail. The order dated
Patna High Court CWJC No.21549 of 2013(2) dt.06-02-2023 2/3
03.03.2010 is under challenge before this Court.
A reply has been filed stating that the petitioner has been given his dues in terms of Rules 10(1) and 10(1)(3) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, as the petitioner was in jail for an offence of moral turpitude. He was only granted benefit of subsistence allowance and the remaining salary was not released.
I have considered the submissions.
Considering that the allegation against the petitioner for which he was in jail, was an offence under Section 376(2) amounting to moral turpitude, the claim of salary for the period spent in jail is not made out as it can not be said to be on account of fault of the respondents. After having been acquitted of the charge the District Magistrate has already passed orders for other benefits. Learned counsel prayer for grant of ACP is to be examined by the respondents as question granting ACP depends on several factors including the service record.
Keeping in view thereto, no direction for such grant of ACP can be issued by this Court. However, the respondents will examine the case of the petitioner for grant of ACP and if otherwise he is suitable the ACP shall be granted to him. The exercise may be conducted within a period of four months.
Patna High Court CWJC No.21549 of 2013(2) dt.06-02-2023 3/3
The writ petition is partly allowed with the aforesaid
directions.
(Sanjeev Prakash Sharma, J)
Shamshad/Item No. 41
U
3 issues framed by the court
Whether a civil servant arrested on an allegation of moral turpitude is entitled to salary during jail custody after acquittal.
Whether the High Court can direct the respondents to grant additional benefit of salary or direct granting of ACP.
Whether the claim for salary during custody is barred due to the nature of the offence (moral turpitude) involved.
1 provisions across 1 enactments
Uday Prasad
The State Of Bihar
The District Magistrate, Gaya District
The Deputy Development Commissioner, Division Gaya
The Block Development Officer, Belaganj
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
