Excelsior Correspondent
JAMMU, Mar 7: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today held that when a Government servant has been fully exonerated, he shall be given full pay and allowances if he has not been dismissed, removed or compulsorily retired before attaining the age of superannuation or suspended.
This significant judgment has been passed by the Division Bench while deciding a petition filed by Rajinder Singh Parihar, who was Clerk in the year 1974 and against whom criminal prosecution was launched under Section 409/467/477-A RPC.
After investigation, the challan was presented before the Court of Sessions Judge Udhampur and the Trial Court by judgment dated 29.04.1998 acquitted the petitioner of all the charges holding that there is absolutely nothing in the evidence of the prosecution from which it can be said that accused directly or indirectly committed any misappropriation and the case of the prosecution has not been clearly and completely unfolded by its witnesses before the court.
While allowing the petition, the DB held the petitioner entitled to get the entire suspension period as duty period with all consequential benefits like promotion which has been given to his juniors as per the rules and the difference in salary after adjusting the subsistence allowance already paid.
“The benefits arising out of this order shall be worked out and paid to the petitioner within a period of 3 months from the date of receipt of copy of this order by the respondents”, the DB directed.
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