Case Note & Summary
The petitioners, non-teaching employees of Respondent No.4 institution, filed a writ petition seeking a mandamus directing the respondents to act upon an order dated 31/3/2009 and release their salary arrears from 2007-2008 onwards. The institution was eligible for 100% grant-in-aid since 2007-2008, but the salary grant was withheld due to a criminal complaint (FIR No.3345/2013) registered on 11/9/2013 against the office bearers of the institution under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1995. The respondents contended that one condition for release of salary grant was that there should be no pending prosecution or complaint against the institution. However, the court observed that the FIR was lodged against the Chairman of the institution in his personal capacity and not against the institution itself. The court held that a criminal act directed against office bearers does not constitute a ground for withholding salaries of employees. Additionally, the petitioners' counsel informed that Special Atrocity Case No.9/2014 against the chairman resulted in acquittal, and there was no pending criminal case or complaint against the institution or its office bearers. The court found the impugned action of withholding salary unjustified and directed Respondent Nos.2 and 3 to verify the claim of arrears from 2007-2008 to December 2017 and release the salary as expeditiously as possible, preferably within four months. The rule was made absolute with no order as to costs.
Headnote
A) Service Law - Salary Grant - Withholding of Salary - Criminal Complaint Against Office Bearers - The court considered whether salary grant to employees can be withheld due to a criminal complaint against office bearers in personal capacity - Held that a criminal complaint against office bearers in personal capacity is not a ground to withhold salaries of employees, especially when the complaint has resulted in acquittal - The court directed verification and release of arrears from 2007-2008 to December 2017 within four months (Paras 2-5).
Issue of Consideration
Whether the salary grant payable to employees of an aided institution can be withheld on account of a pending criminal complaint against the office bearers of the institution in their personal capacity.
Final Decision
Rule made absolute. Respondent Nos.2 and 3 directed to verify claim of arrears from 2007-2008 to December 2017 and release salary as expeditiously as possible, preferably within 4 months. No order as to costs.
Law Points
- Salary grant cannot be withheld due to criminal complaint against office bearers in personal capacity
- Criminal complaint against institution's office bearers not a ground to withhold employees' salaries
- Withholding salary of employees is unjustified when complaint is not against institution
