SHIVAKAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Akash Khare, learned counsel for the petitioner, learned Standing Counsel for the respondent No.1-State and Shri Abhishek Srivastava, learned counsel for the respondents No.2 and 3.

(2.) The petitioner is aggrieved by the order dtd. 23/4/2020 declining to pay arrears of salary to the petitioner for the period commencing from 23/1/2015 to 18/12/2018. The impugned order records that the petitioner was imprisoned from 23/1/2015 to 18/12/2018 after a criminal case was registered against him under Sec. 13(1)(b) read with Sec. 13(1) of the Prevention of Corruption Act, 1988. The F.I.R. was filed by one S.S. Chaudhary, Superintendent of Police, Anti Corruption Department against the petitioner on the complaint received from a private electricity consumer. The salary has been refused on the application of the principle of 'no work no pay'.

(3.) Briefly put the prosecution case in the F.I.R. was that the petitioner had demanded bribes for electricity connection from a consumer. The petitioner was thereafter confined to jail from 23/1/2015 to 18/12/2018 during the course of the trial. The petitioner did not discharge his duties for the aforesaid period of three years. Admittedly, the criminal case was not instituted at the behest of the respondent-corporation. The respondent-corporation who is the employer of the petitioner did not create any hindrance nor prevented the petitioner from working on his post. No departmental proceedings were taken out against the petitioner by the respondent-corporation/his employer in the said case.