Case Note & Summary
The petitioner, Narsing Shankarrao Shivshette, was appointed as an Assistant Secondary Teacher in a private school run by respondent No.1 society and joined duties on 6th March 1997. He was suspended from service on 13th April 2002 following the registration of Crime No. 23/2002 against him under Sections 306, 498A read with Section 34 of the Indian Penal Code, and his arrest on the same day. The petitioner was tried in Sessions Case No. 27 of 2002 before the Additional Sessions Judge, Udgir, who by judgment and order dated 31st March 2003 acquitted him honourably. Thereafter, the management allowed him to join duty on 9th April 2003. However, neither the management nor the government paid his salary for the suspension period from 13th April 2002 to 8th April 2003, a period of 11 months and 25 days. The petitioner had applied for subsistence allowance on 12th August 2002 and made various representations, but the respondents did not pay either salary or subsistence allowance. Aggrieved, the petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to pay salary for the suspension period with continuity in service and consequential benefits. The court considered the facts and held that since the petitioner was honourably acquitted, he is entitled to full salary for the suspension period. The court directed respondent No.1 and 2 to pay the salary for the suspension period from 13th April 2002 to 8th April 2003 within four weeks, with continuity in service and all consequential benefits. The petition was disposed of accordingly.
Headnote
A) Service Law - Suspension - Salary for Suspension Period - Honourable Acquittal - Petitioner, an Assistant Secondary Teacher, was suspended due to criminal case under Sections 306, 498A read with 34 IPC - He was honourably acquitted by the Sessions Court - Management did not pay salary for suspension period - Court held that upon honourable acquittal, the employee is entitled to full salary for the suspension period - Management directed to pay salary for the suspension period from 13th April 2002 to 8th April 2003 with continuity in service and consequential benefits (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to salary for the suspension period from 13th April 2002 to 8th April 2003 after being honourably acquitted in the criminal case.
Final Decision
The court allowed the writ petition and directed respondent No.1 and 2 to pay the salary for the suspension period from 13th April 2002 to 8th April 2003 within four weeks, with continuity in service and all consequential benefits.
Law Points
- Honourable acquittal entitles full salary for suspension period
- Subsistence allowance must be paid during suspension
- Management cannot withhold salary after acquittal
