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As per case facts, the Respondent, a Branch Manager, was suspended, convicted in a criminal case for bribery, and subsequently dismissed. The Appellate Court later acquitted him, giving him the
...benefit of doubt. He was reinstated with conditions that the period out of service would not count for salary or terminal benefits, which he accepted without protest. After retirement, he filed a Writ Petition seeking back wages and that the period out of service be counted for pensionary benefits. The Single Judge denied back wages but directed the period be counted for pensionary benefits. The Appellant appealed this specific direction. The question arose whether the respondent, after accepting reinstatement conditions and being acquitted on benefit of doubt, is entitled to have the period out of service counted for pensionary and retiral benefits. Finally, the court held that the employer was not responsible for the respondent's absence, and given the acquittal was not a clean exoneration, the competent authority's decision not to count the period for pensionary benefits was a valid exercise of discretion and should not be interfered with.
Bench
Applied Acts & Sections
SECTION 13
–The Prevention of Corruption Act, 1988
Legal Notes
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