UMA KANT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The short question which has been raised by an Ex-employee is whether after his acquittal in a criminal trial he is entitled for payment of salary when he was in judicial custody. Petitioner is claiming full salary from 28.2.1996 till 11.5.1997. It is this period when the petitioner was in custody and had to be suspended in a case under Section 302 of the Indian Penal Code. He has been paid subsistence allowance for the period though.Petitioner was tried by a criminal court. Based on the evidence which came, the Court of Additional Sessions Judge, F.T.C., Buxar acquitted the petitioner because the evidence did not pin him to any culpability on his part.

(2.) Petitioner is back now seeking benefit of full salary for the period he was in custody because according to him since he has been acquitted he must get back his honour on all counts.

(3.) There is no dispute that after acquittal the petitioner had been restored all benefits but salary for the period of judicial custody was not given to him. By no stretch of imagination it could be urged that he was on duty in any capacity. If the petitioner had not worked he cannot claim his salary even though he was subsequently acquitted by a criminal court after trial is the stand of the State.