UNION OF INDIA Vs. RAM SINGH

JUDGEMENT

(1.) A criminal case was registered against the respondent under the Railway Property (Unlawful Possession) Act, 1966 (in short R. P. (U. P.) Act, 1966 ). He was tried in the Court of Additional Chief Judicial Magistrate (Railways), Ajmer. The case terminated in acquittal of the respondent vide order of the trial Court dated 17. 7. 95. It is not disputed that no departmental proceedings were initiated against the respondent in respect of the charges for which he was tried and acquitted by the Additional Chief Judicial Magistrate (Railways ). While acquitting the respondent, the Additional Chief Judicial Magistrate granted the benefit of doubt to him.

(2.) AFTER the respondent was acquitted of the charges, the appellants by an order dated 13. 1. 1997 promoted him to the post of Driller Gr.-I and allowed the benefit of notional fixation of pay in the promotional post w. e. f. 12. 9. 80, the date when his junior Shri Chandra Kishore was appointed to the post of Driller Gr. I.

(3.) LEARNED counsel for the petitioners submitted that the respondent was not acquitted honourably and was only given benefit of doubt. Since he was given benefit of doubt, the petitioners were right in allowing to him notional promotion w. e. f. 12. 9. 1980 for the purpose of fixation of his salary from 13. 1. 1997 on the principle of no work no pay.