High Court to take call on denial of benefits to acquitted staffer

Saurabh Malik

Tribune News Service

Chandigarh, July 17

The Punjab and Haryana High Court today issued a notice of motion to the state of Punjab on a petition calling upon it to determine whether an employee acquitted by a court and exonerated in the departmental proceedings could be deprived of benefits he was entitled to.

The issue was raised by police official Raghbir Singh, who moved the High Court against Punjab and other respondents. His counsel Ranjivan Singh submitted that the petitioner was exonerated in a criminal case registered against him. He was also found innocent in a departmental inquiry conducted against him. The petitioner was, as such, illegally deprived of the benefits he was entitled to.

The notice issued by Justice Lisa Gill to the state, its Director-General of Police and Mohali Senior Superintendent of Police was accepted by Punjab Additional Advocate-General Lavanya Paul, who prayed for time to file a reply. "May do so well before the adjourned date," Justice Gill asserted before fixing the case for August 19.

Raghubir Singh had moved the High Court challenging the denial of restoration of salary and promotion despite being acquitted and exonerated. Going into the background of the matter, Ranjivan contended the petitioner was on PCR duty when an FIR was registered against him under provisions of the Prevention of Corruption Act on December 17, 2012.

He was dismissed from service on that very day by the Mohali SSP without holding any inquiry. But the Mohali special court, vide judgment dated September 12, 2017, acquitted the petitioner while accepting the untraced report submitted by the prosecution.

Consequently, the DGP ordered the petitioner's re-instatement, but simultaneously directed the initiation of a departmental inquiry against him. The petitioner, accordingly, was allowed to join duty on October 15, 2018, but was granted pay he was drawing at the time of termination of his services in December 2012.

He was exonerated in the departmental inquiry on February 18, 2019. However, his request for restoration of salary by way of granting annual increments, arrears for the period his services remained terminated and promotion was turned down by the department, which, according to the counsel, was illegal and unconstitutional.

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