Period of Suspension of Govt Servant Not To Be Treated As On Duty Where Acquittal Based On Benefit of Doubt
Case: Ravindra Prasad Munneshwar Prasad v Union of India & ors
Coram: Justices AS Chandurkar and GA Sanap
Case No.: Writ Petition No.1917 Of 2021
Court Observation: “The petitioner while working as Danger Building Worker (Semi skilled) II was alleged to have permitted accused Nos.1,3 and 5 to appear for the examination for the post of Fireman Grade-II in place of the actual candidates who were accused Nos.2,4 and 6. The accusations as made were on account of the conduct of the petitioner himself during the course of employment with the respondent No.3-Ordnance Factory. Though it is true that the petitioner was ultimately acquitted in the criminal trial, the nature of allegation that led to his suspension on 12/11/2009 would be relevant for considering whether his suspension was justified or not. It would have been a different matter if the petitioner’s conduct that led to his suspension was based on an act that did not have any connection with discharge of his duties. That is not the case here. The Competent Authority therefore was justified in placing the petitioner under suspension on registration of such offence against him.”
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Keywords
Benefit of Doubt, Acquittal
