PRADIP KUMAR BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The question raised in this petition is whether an order of acquittal by the Criminal Court automatically entitles the petitioner to exoneration and consequential reliefs in the form of back wages for the period of suspension including basic increments withheld as penalty by the Disciplinary Authority.

(2.) Briefly, the petitioner was serving as an Assistant with the Life Insurance Corporation Limited being the respondent no. 6 when on November 3, 2000, a criminal case (Case No. K2-392 of 2000) was instituted against the petitioner under Sec. 420/120B/467/468/471 of the Indian Penal Code, 1860 for, inter- alia, having forged documents submitted to the British Consulate in order to obtain visas for himself and his family members. Thereafter, the petitioner was served with an order of suspension by respondent no.4 on November 14, 2000 and a letter dated March 30, 2002 issued by respondent no.4 whereby penalty in the form of reduction in basic pay by three stages was imposed on the petitioner as per Regulation 39(1)(d) of the LICI (Staff) Regulations 1960.

(3.) In response, the petitioner had made a representation to respondent no. 2 alleging that by an order dated January 20, 2004 he had been "honourably acquitted" by the Court of the Metropolitan Magistrate, 9thCourt, Calcutta and as such his suspension period ought to be treated as period on duty and consequential benefits be restored.