Employee Deemed To Be Suspended Due To Criminal Charges Not Entitled To Back Wages Upon Acquittal, Unless Suspension Wholly Unjustified: Bombay HC

Case: Gopal S/o Sitaram Bairisal v. Union of India

Coram: Chief Justice Dipankar Datta and Justice Nitin W. Sambre

Case No.: Writ Petition No. 5319 of 2022

Court Observation: “Even where the employee is acquitted of the charges in criminal trial for lack of evidence or otherwise, it is for the competent authority to form its opinion whether the suspension of the employee was wholly unjustified and so long as such opinion of the competent authority was a possible view in the facts and circumstances of the case and on the materials before him, such opinion of the competent authority would not be interfered with by the Tribunal or the Court… The suspension of the petitioner, brought about by operation of law, had the effect infusing life into a law and the same can hardly be impeached as unjustified,”

“After all, without extracting any work from the petitioner but paying him subsistence allowance for more than a decade, howsoever meagre be the quantum, was in fact a drainage of the public exchequer”

Previous Posts

S.155 Maha Land Revenue Code | Tehsildar Can Correct Revenue Records During Pendency Of Acquisition Proceedings: High Court

S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court

“Utter Lack of Objectivity”: Bombay High Court On CWCD’s Refusal To Renew Licenses of 57 Child Care Homes

Bhabha Atomic Research Centre Conducts Sensitive Research In Nuclear Science: Bombay HC Upholds Rejection Of Candidature Citing Criminal Antecedents

Orissa High Court Upholds Life Sentence Of Man Convicted For Murder Of ‘8 Yrs Old Child’ Basing Upon His Dying Declaration

Keywords

Suspension Wholly Unjustified