VEERCHAND JAIN Vs. CHAIRMAN, CSPDCL

JUDGEMENT

(1.) Twin questions that emanate for consideration in this writ petition are, 1. Whether Rule 54-B of the Fundamental Rules would be applicable to the Government servant who has been reinstated on acquittal from the criminal charges? and

(2.) Whether he would be entitled for full back-wages from the date of conviction till the date of reinstatement on acquittal?

(3.) The petitioner being Junior Engineer working in the Chhattisgarh State Power Distribution Company Limited, was subjected to charge-sheet and ultimately, he was convicted by the Special Judge in Special Criminal Case No.11/2002 on 20/2/2004 for offences under Ss. 7 & 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and on appeal being preferred by the petitioner herein, he was acquitted by this Court in Criminal Appeal No.206/2004 on 9/4/2012 and he was reinstated in service on 24/5/2012 by the order of the respondent herein i.e. the CSPDCL, and he was given all the service benefits except backwages holding that from the date of termination till the date of reinstatement / joining, he will not be entitled for back-wages and it has been held to be the extraordinary leave without pay and allowances by order dtd. 8/4/2013.