BASANTI PRASAD versus THE CHAIRMAN,BIHAR SCHOOL EXAMINATION BOARD AND OTHERS

BASANTI PRASAD versus THE CHAIRMAN,BIHAR SCHOOL EXAMINATION BOARD AND OTHERS

Where termination of service is solely on basis of criminal conviction, and subsequent acquittal sets aside such conviction, delay in challenging termination is not a bar if employee could not have challenged it pending conviction. In such cases, the dismissal order must be set aside and retiral benefits, such as pension, granted, though back wages may be denied.

Parties
Appellant: Basanti Prasad; Respondents: Chairman, Bihar School Examination Board and Others
Jurisdiction
India
Judgment Date
14 May 2009
Procedural Posture
Civil Appeal / Decision on Appeal From High Court; Disposal of Writ and LPA
Outcome
Appeal allowed; order of termination set aside without back wages; appellant entitled to pension only.
Legal Topics
Retiral Benefits, Termination Upon Conviction, Delay and Laches, Acquittal After Conviction, Writ Jurisdiction
Service Law Retiral Benefits Termination Upon Conviction Delay and Laches Acquittal After Conviction Writ Jurisdiction

Case Brief

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Parties

Basanti Prasad

Appellant

Chairman, Bihar School Examination Board and Others

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From High Court; Disposal of Writ and LPA

Legal Issues

  1. 1 Whether rejection of claim for retiral benefits on ground of delay or laches, despite employee's acquittal, is justified
  2. 2 Whether order of termination, based on conviction, stands after subsequent acquittal

Ratio Decidendi

Where termination of service is solely on basis of criminal conviction, and subsequent acquittal sets aside such conviction, delay in challenging termination is not a bar if employee could not have challenged it pending conviction. In such cases, the dismissal order must be set aside and retiral benefits, such as pension, granted, though back wages may be denied.

Court Disposition

Appeal allowed; order of termination set aside without back wages; appellant entitled to pension only.

Orders

  • Order passed by respondents terminating services set aside.
  • Appellant entitled to payment of pension only.