Jatashankar vs State Of Chhattisgarh
2025 Latest Caselaw 2968 Chatt

Chattisgarh High Court

Jatashankar vs State Of Chhattisgarh on 11 June, 2025

                                  1




                                                2025:CGHC:23139


                                                           NAFR

    HIGH COURT OF CHHATTISGARH AT BILASPUR

           Writ Petition (S) No. 6368 of 2017


  Jatashankar S/o Ramsai Kol , Aged About 58 Years Caste
  Uraon , R/o Balrampur Water Resources Department
  Balrampur Occupation Peon Water Resources Department
  Balrampur , District Balrampur Chhattisgarh.
                                                      ... Petitioner


                                 versus
1. State Of Chhattisgarh Through The Secretary Water
  Resources Department Mahanadi Bhawan Mantralaya New
  Raipur District Raipur Chhattisgarh.

2. Superintending      Engineer,        Shyam    Barnai     Project,
  Ambikapur District Surguja Chhattisgarh.

3. Chief Engineer, Hasdeo Ganga Kachhar, Water Resources
  Department Ambikapur District Surguja Chhattisgarh.

4. Executive      Engineer,     Water     Resources    Department
  Balrampur Chhattisgarh.
                                                 ... Respondents

For Petitioner : Mr. Mirza Kaiser Baeg, Advocate For Respondents/State : Mr. Ashutosh Shukla and Mr. Sharad Mishra, P.L.

SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

11.06.2025

1. The petitioner herein was working as a Peon in the

respondent department and he was suspended by order

dated 10/03/1993 on account of his involvement in

commission of offence under Section 302 of IPC and since

he was convicted for the said offence by learned Sessions

Judge on 20/08/1998, he was consequently terminated

from service on 24/06/2006. However, his appeal against

the order of conviction was set aside by this Court by order

dated 17/10/2013 (Annexure P/3) and he was acquitted

and was further reinstated on the said post by order dated

06/05/2015 (Annexure P/1). He also made an application

for grant of back wages on 01/08/2016 but no action has

been taken which led to the filing of this writ petition.

2. Mr. Mirza Kaiser Baeg, learned counsel for the petitioner,

would submit that petitioner is entitled for back wages as

he has been acquitted by the Criminal Court and he has

been reinstated on service, however, he has been refused

on the basis that the period from the date of his

suspension i.e. 10/03/1993 till the date of reinstatement

i.e. 06/05/2015 is to be treated as "no work, no pay",

which is absolutely unsustainable in law.

3. Per contra, Mr. Ashutosh Shukla, learned State counsel

would submit that since petitioner was involved in a

criminal offence for which he had undergone criminal trial

and though he has been acquitted but the period from the

date of his suspension till the date of joining will be treated

as non-working period and the claim of the petitioner with

regard to treating his non-service period as service period

and making payment for the same has already been

rejected by learned Labour Court vide order dated

23/0/8/2017(Annexure P/2) which is absolutely in

accordance with law, therefore, the instant writ petition is

liable to be dismissed.

4. I have heard learned counsel for the parties, considered

their submissions and went through the records with

utmost circumspection.

5. The issue involved herein is no longer res integra and it

stands conclusively determined by their Lordships of the

Supreme Court by their judgment first of all in Ranchhodji

Chaturji Thakore v. Superintendent Engineer, Gujarat

Electricity Board, Himmatnagar1 in which their

Lordships have considered a case where an employee was

1 (1996) 11 SCC 603

dismissed from service on account of his conviction by a

criminal court for his involvement in an offence under

Section 302/34 of the IPC and subsequently, he was

acquitted and as a consequence, reinstated. Their

Lordships while considering the issue whether back-wages

should be paid to the employee for the period between the

date of dismissal and the date of reinstatement held as

under: -

"The reinstatement of the petitioner into the service has already been ordered by the High Court. The only question is whether he is entitled to back wages. It was his conduct of involving himself in the crime that was taken into account for his not being in service of the respondent. Consequent upon his acquittal, he is entitled to reinstatement for the reason that his service was terminated on the basis of the conviction by operation of proviso to the statutory rules applicable to the situation. The question of back wages would be considered only if the respondents have taken action by way of disciplinary proceedings and the action was found to be unsustainable in law and he was unlawfully prevented from discharging the duties. In that context, his conduct becomes relevant. Each case requires to be considered in its own backdrop. In this case, since the petitioner had involved himself in a crime, though he was later acquitted, he had disabled himself from rendering the service on account of conviction and incarceration in jail. Under these circumstances, the petitioner is not entitled to payment of back wages."

6. Similarly, in the matter of Union of India v. Jaipal Singh 2,

the principle of law laid down in Ranchhodji Chaturji

Thakore (supra) has been followed with approval.

7. In the matter of Management of Reserve Bank of India,

New Delhi v. Bhopal Singh Panchal 3, the Supreme Court

has considered a provision in the service regulation which

provided that an employee, who is absent from duty

without any authority, shall not be entitled to any pay and

allowance during the period of such absence (similar to F.R.

17) and held as under: -

"15. ... It is only if such employee is acquitted of all blame and is treated by the competent authority as being on duty during the period of suspension that such employee is entitled to full pay and allowances for the said period. In other words, the Regulations vest the power exclusively in the Bank to treat the period of such suspension on duty or on leave or otherwise. The power thus vested cannot be validly challenged. During this period, the employee renders no work. He is absent for reasons of his own involvement in the misconduct and the Bank is in no way responsible for keeping him away from his duties. The Bank, therefore, cannot be saddled with the liability to pay him his salary and allowances for the period. That will be against the principle of 'no work, no pay' and positively inequitable to those who have to work and earn their pay. ..."

2 (2004) 1 SCC 121 3 AIR 1994 SC 552

8. In the matter of State Bank of India and another v.

Mohammed Abdul Rahim4, the Supreme Court

considering the earlier decisions in Ranchhodji Chaturji

Thakore (supra), Jaipal Singh's case (supra) and Baldev

Singh v. Union of India5, held that subsequent acquittal of

Government servant though obliterates his conviction, does

not operate retrospectively to wipe out the legal

consequences of the conviction under the Act, and observed

as under: -

"11. ... During the aforesaid period there was, therefore, a prohibition in law on the appellant Bank from employing him. If the respondent could not have remained employed with the appellant Bank during the said period on account of the provisions of the Act, it is difficult to visualise as to how he would be entitled to payment of salary during that period. His subsequent acquittal though obliterates his conviction, does not operate retrospectively to wipe out the legal consequences of the conviction under the Act. The entitlement of the respondent to back wages has to be judged on the aforesaid basis. His reinstatement, undoubtedly, became due following his acquittal and the same has been granted by the appellant Bank."

9. Finally, in the matter of Raj Narain v. Union of India and

others6, their Lordships have relied upon the decision

rendered in Ranchhodji Chaturji Thakore (supra) and

have held that the appellant therein shall be entitled for

4 (2013) 11 SCC 67 5 (2005) 8 SCC 747 6 (2019) 5 SCC 809

back wages only from the date of acquittal till the date of

his reinstatement.

10. Reverting to the facts of the present case, it is quite vivid

that petitioner was convicted by the jurisdictional criminal

court by order dated 20/08/1998 pursuant to which he

was terminated from service on 24/06/2006, however, on

his acquittal from the criminal charges by this Court on

17/10/2013 (Annexure P/3), he was reinstated by order

dated 06/05/2015 (Annexure P/1) but his claim for back

wages from the date of his suspension to the date of

reinstatement has been denied as it the said period has

been treated by the respondent department as 'no work no

pay' and in light of the aforesaid principles of law laid

down by their Lordships of the Supreme Court in

Ranchhodji Chaturji Thakore (supra), Jaipal Singh

(supra), Baldev Singh (supra), Mohammed Abdul Rahim

(supra) and Raj Narain (supra), subsequent acquittal of

the petitioner though obliterates his conviction, but it does

not operate retrospectively to wipe out the legal

consequences of the conviction, however, the petitioner will

be entitled for back wages only from the date of his

acquittal i.e. 17/10/2013 till the date of his reinstatement

i.e. 06/05/2015 in light of the decision of the Supreme

Court in the matter of Raj Narain (supra).

11. In view of the aforesaid, this writ petition is allowed to the

extent indicated herein-above.

Sd/-

(Sanjay K. Agrawal) Judge

Harneet