ROOP DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner is aggrieved since he has not been paid salary for the period from 06.02.1995 till passing of Annexure-A-1 dated 19.11.1997. According to the petitioner since he had been exonerated of the charge under Section 302 of the Indian Penal Code, he is entitled to salary for the period, he was under detention.

(2.) BUT the fact remains that it was not on account of any fault on the part of the employer that he was denied employment during the period when he was under detention. Therefore, the question of salary does not arise and the petitioner is not entitled for the salary of the aforesaid period. With these observation the writ petition stands disposed of, so also the pending application(s), if any.