S.K. Bai vs Municipal Corporation Of Delhi ...
1994 Latest Caselaw 457 Del

JUDGMENT

Mahinder Narain, J.

(1) Counsel for the petitioner relies upon (Union of India v.K.V. Jankiraman),wherein F.R.17 has beenconsidered, and it has been stated that when an employee is completely exonerated in criminal/disciplinary proceedings, and is not visited with penalty,even of censure indicating thereby that he was not blame worthy in the least, he should not be deprived of any benefits including the salary of the promotional post.

(2) According to the counter-affidavit filed by the Municipal Corporation, the petitioner was completely exonerated. She has not been visited with any penalty.She has been appointed as a nursing sister with the retrospective effect from31.5.1990 by order dated 4.2.1994.

(3) In this view of the matter, the Municipal Corporation is not right in saying that the petitioner is not entitled to the benefits of the salary of the promotional post of nursing sister. The petitioner is entitled to receive this amount.This amount be paid to the petitioner within two months.With these observations, this petition is disposed of.