HARYANA VIDUT PRASARAN NIGAM LTD Vs. SITA RAM

JUDGEMENT

(1.) For the reasons stated in the application the delay in filing the present appeal is condoned. The defendants are Haryana Vidut Prasaran Nigam Ltd. and its officers having concurrently lost before the two Courts below and have approached this Court through the present Regular Second Appeal. The plaintiff had filed a suit for declaration claiming that he was entitled to his emoluments for the period July 30, 1995 to July 24, 1996 along with interest at the rate of 18%. His services were terminated on September 1997. On July 30, 1995 a false and frivolous FIR had been registered against the plaintiff. He was involved in a murder case. He was arrested. However, subsequently he was acquitted vide judgment dated July 13, 1996. The plaintiff after coming out of the jail had applied for resumption of his duties. He was not allowed to join by the defendants. Later on, the defendants forced him to file an application for earned leave. Consequently, the plaintiff claimed that he was entitled to his salary and other emoluments for the period July 30, 1995 to July 24, 1996. The defendants contested the suit and claimed that the services of the plaintiff had been terminated as per the directions issued by the Supreme Court, since the appointment of the plaintiff and many others were quashed. However, the plaintiff was permitted to continue in service till regular incumbent joined.

(2.) The plaintiff had remained absent from duty, and therefore, he was not entitled for emoluments as claimed by him. Both the Courts below have held that services of the plaintiff were terminated vide order Ex.PX dated September 24, 1997 w.e.f. July 23, 1997. In view of the aforesaid fact it has been held that the plaintiff was entitled to his salary and other emoluments when he was in service. With regard to the period spent by the plaintiff in jail and taking into consideration his subsequent acquittal by the learned Courts, the Courts below have relied upon the case of Shashi Kumar Vs. Uttri Haryana Bijli Vitran Nigam, 2005 (1) 1 SLR 659 to hold that if a false and frivolous case had been registered against a person then on subsequent acquittal the aforesaid person was entitled to full salary and the entire period was liable to be treated to be spent on duty.

(3.) The suit filed by the plaintiff was decreed by the learned trial Court and the appeal filed by the defendants failed before the learned first Appellate Court. Nothing has been shown that the findings recorded by both the Courts below suffer from any infirmity or are contrary to record. No question of law, much less any substantial question of law, arises in the present appeal Dismissed.