BALDEV SINGH versus UNION OF INDIA AND ORS.

BALDEV SINGH versus UNION OF INDIA AND ORS.

Employee acquitted after conviction is not entitled automatically to arrears of salary for the custody period as he was not in actual service nor to pension as the service rendered was less than 15 years when the custody period is excluded; the effect of conviction is not diluted for pension calculation by subsequent acquittal.

Parties
Appellant: Baldev Singh; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
28 October 2005
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Writ Petition by Punjab and Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Pay and Pension on Acquittal, Effect of Termination on Acquittal, Counting Service for Pension
Service Law Pay and Pension on Acquittal Effect of Termination on Acquittal Counting Service for Pension

Case Brief

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Parties

Baldev Singh

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Writ Petition by Punjab and Haryana High Court

Legal Issues

  1. 1 Whether an employee acquitted after conviction is entitled to salary for the period under custody and pension
  2. 2 Whether the custody period should be treated as duty for service and pension purposes

Ratio Decidendi

Employee acquitted after conviction is not entitled automatically to arrears of salary for the custody period as he was not in actual service nor to pension as the service rendered was less than 15 years when the custody period is excluded; the effect of conviction is not diluted for pension calculation by subsequent acquittal.

Court Disposition

Appeal dismissed

Orders

  • Appellant not entitled to salary for custody period or pension.
  • No infirmity in High Court order. Costs made easy.