The Chhattisgarh High Court recently addressed a significant legal question concerning the entitlement of back wages to a government employee who was terminated following a criminal conviction but later acquitted on appeal. The court held that an acquittal does not retrospectively nullify the legal consequences of the initial conviction, thereby denying the employee's claim for back wages.
Case Background
The petitioner served as a Supervisor (Civil) at the Chhattisgarh State Power Distribution Company Limited. He was suspended after being charged under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act, 1988. Due to delays in the trial, his suspension was revoked after three years. However, he was eventually convicted by the Special Judge (Prevention of Corruption Act) in Raipur, leading to his dismissal from service. Subsequently, he appealed the conviction and was acquitted. By that time, he had already retired upon reaching the age of superannuation.
Legal Arguments
The petitioner argued that, following his acquittal, he was entitled to back wages under Rule 54-B of the Fundamental Rules. This rule pertains to the pay and allowances of government servants who are reinstated after suspension. He contended that his acquittal should entitle him to the benefits he would have received had he not been wrongfully convicted and dismissed.
Court's Analysis
Justice Bibhu Datta Guru, presiding over the case, examined the applicability of Rule 54-B. The court noted that the rule applies to situations where an employee is suspended and later reinstated. In this case, the petitioner was not merely suspended but was dismissed following a conviction. Furthermore, there was no order of reinstatement after his acquittal. The court emphasized that an acquittal does not automatically entitle a dismissed employee to back wages, especially when there has been no reinstatement.
Conclusion
The Chhattisgarh High Court's decision underscores the principle that an acquittal does not have a retrospective effect that nullifies the consequences of a prior conviction. Without a reinstatement order, a dismissed employee cannot claim back wages solely based on an acquittal. This ruling clarifies the legal position regarding the rights of government employees who are acquitted after dismissal due to criminal convictions.
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