The High Court dismissed the State's appeal regarding wage entitlements. The court held that an employee acquitted of criminal charges, who was reinstated with the suspension period treated as leave, is entitled to full wages for that period.
Appeal dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.1721 of 2008 Date of Decision: 4.12.2008
State of Punjab and others
.... Appellants
vs.
Himmat Singh
.... Respondent
Coram: Hon'ble Mr. Justice Rajive Bhalla.
Present: Mr. H.S. Gill, DAG, Punjab, for the appellants. Mr. Ashish Grover, Advocate for the respondent.
Rajive Bhalla, J, (Oral)
CM No.5377-C of 2008
Prayer in this application is for condonation of delay in filing of
the appeal.
Heard counsel for the parties,
For the reasons stated in the application, namely the bona fide delays in processing the file, the delay in filing of the appeal is condoned.
RSA No.1721 of 2008
The appellants challenge judgments and decrees dated 22.09.2007 and 16.02.2008, passed by Civil Judge (Senior Division), Bathinda, and the District Judge, Bathinda decreeing the suit filed by the respondent and dismissing the appeal filed by the appellants.
The respondent was suspended pending adjudication of a criminal case registered pursuant to FIR No.22 dated 21st October, 2003, under Sections 365/342/323 of the Indian Penal Code. It is the admitted case of the parties that the respondent was acquitted and as a result was reinstated and the period of suspension was treated as leave of the kind due. The only dispute that survived and led to the filing of the suit was refusal of the appellants to pay wages, over and above the suspension allowance for the period of suspension. The suit filed by the respondent
RSA No.1721 of 2008
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claiming full wages for the period of suspension was decreed and the appeal filed by the State of Punjab was dismissed.
Counsel for the appellants contends that the respondent was acquitted by grant of a benefit of doubt. The appellants were justified in refusing to pay full wages for the suspension period, as during this period, the respondent has not served the department.
Counsel for the respondent, on the other hand, submits that there is no justification for the department to deny full wages as the respondent has been acquitted. Even otherwise, the respondent did not face trial for any departmental impropriety or offence and therefore, the findings recorded by the courts below do not warrant interference.
I have heard counsel for the parties and perused the impugned judgments. The courts below are concurrent in their opinion that the appellants are not justified in declining full wages for the period of suspension. As noticed hereinabove, the respondent was suspended as he was arrayed as an accused in a criminal trial. After his acquittal, he was reinstated and the period of his absence was treated as leave of the kind due. Both the courts below have held that as suspension does not relate to any departmental impropriety or infraction the appellants had no right to deny payment of full wages for the period of suspension. I find no error in the process of reasoning or the conclusions recorded by the courts below as would raise a substantial question of law. The respondent's acquittal, his subsequent reinstatement and the order treating the period of absence as leave of the kind due, would entitle him to receive full wages for the period of suspension. Even otherwise, the controversy herein is squarely covered against the appellants by a judgment of Division Bench titled as “Shashi Kumar vs. Uttri Haryana Bijli Vitran Nagam and another” 2005 LIC 729.
RSA No.1721 of 2008
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As no substantial question of law arises for consideration, the appeal is dismissed with no order as to costs.
4.12.2008 sk
(Rajive Bhalla) Judge
1 issue framed by the court
Whether an employee acquitted of criminal charges and reinstated is entitled to full wages for the period of suspension treated as leave.
Colour shows how this judgement treated each authority
Shashi Kumar vs. Uttri Haryana Bijli Vitran Nagam and anotherFollowed¶24
Shashi Kumar vs. Uttri Haryana Bijli Vitran Nagam and another 2005 LIC 729
State of Punjab and others
Himmat Singh
Rajive Bhalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
