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Querist : Anonymous (Querist) 07 February 2011 This query is : Resolved
IF Lower Court and HIgh Court given clean acquital and in same offence the Departmental Enquiry punishment of 3 increments stopped. The appeallant is enttitled to received the pay and allowance for suspension period?

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adv. rajeev ( rajoo ) (Expert) 07 February 2011
Yes he can.

Kirti Kar Tripathi (Expert) 07 February 2011
Criminal case and departmental proceedings are different from each other though the allegations may be same. acquittal from criminal case does not entitled an employee to be exonerated from the departmental inquiry, if an employee is held guilty in departmental proceedings, the employer is well within his right to impose punishment. As regard of payment of pay and allowances for the suspension period is concerned. It depends on the language of the punishment order if the punishment order speak out the forfeiture of pay and allowances for the suspension period, the same can not be paid until the punishment order is quashed by the competent authority. if it is silent or specifically declares for payment of such amount, the employee is entitled.

Ajay Bansal (Expert) 08 February 2011
Prceedings of departmental enquiry are not hit by result of criminal case even then, when both are of same thing.

Chanchal Nag Chowdhury (Expert) 08 February 2011
The legal position has been fully stated by Mr. K.K.Tripathi.

Guest (Expert) 08 February 2011
Your query needs further clarifications, as follows:

1) How the suspension period has been treated by a formal order of the competent authority after the suspension was revoked, or penalty of stoppage of 3 years increment imposed?

2)Whether increment is stopped with cumulative effect or without cumulative effect?

3) What is date of issue of order of stoppage of increments by he disciplinary authority?

4) What is date of judgment of the court acquitting the charged officer?

5) whether any appeal was submitted to the appellate authority or not. If submitted, what is the order of the appellate authority on the case?

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]

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