He was sentenced to imprisonment for three years.
An FIR was lodged against the Appellant at Mughalsarai Police Station and the case was registered as Crime No.358 of 1979 under Section 409/420 Signature Not Verified Digitally signed by VISHAL ANAND Date 2019.04.01 161605 IST IPC.
The Writ Petition filed by the Appellant against the order of the Tribunal by which he was number granted back wages was partly allowed by the High Court.
The request of the Appellant for reinstatement after acquittal was refused on 13.06.2002.
The Appellant is before us assailing the legality and validity of the judgment of the High Court by which the payment of back wages was restricted only to the period between the date of his acquittal and the date of his reinstatement.
The order of suspension was revoked on 21.10.1987 Reason pursuant to which he joined duty and worked till 28.02.1997, when he was dismissed from service in view of his companyviction under Section 409, 467 and 420 IPC.
The Appellant was placed under suspension on 23.10.1979 and his suspension was revoked on 21.10.1987.
By virtue of the disciplinary proceedings being dropped, the Appellant becomes entitled to claim full salary for the period from the date of his suspension till the date of closure of the departmental inquiry.
The Tribunal allowed the original application and directed the reinstatement of the Appellant by holding that he shall be entitled for seniority and numberional fixation of pay with increments from the date of his dismissal till his reinstatement.
Ultimately, the Appellant was reinstated by an order dated 21.10.1987 by revocation of the order of suspension.
Thereafter, the Respondents took four years to reinstate him by revoking his suspension.
However, the Tribunal held that the Appellant shall number be entitled for any back wages for the period during which he was number in service.
The Appellant, thereafter, filed an appeal against his companyviction.
The order of dismissal dated 28.02.1997 and the order of refusal to reinstate in service dated 13.06.2002 were challenged by the Appellant before the Tribunal.
The Appellant ought to have been reinstated immediately thereafter unless a fresh order was passed, placing him under suspension during the pendency of the criminal trial which did number happen.
The Criminal Appeal filed by the Appellant was allowed and he was acquitted of the charges for offences under Section 409, 420 and 467 IPC.
By an order dated 01.05.2003, the Senior Superintendent of RMS, Allahabad rejected the representation of the Appellant for full pay and allowances for the period of the suspension i.e. 23.10.1979 to 11.11.1987.
The order of suspension dated 23.10.1979 came to an end on 21.03.1983 which is the date on which disciplinary proceedings were dropped.
Pursuant to the order of the Tribunal, the Appellant was reinstated on 20.01.2003.
NAGESWARA RAO, J. Leave granted.
The Appellant was placed under suspension on 23.10.1979 while he was working as Sorting Assistant in Railway Mail Service RMS at Mughalsarai, in companytemplation of disciplinary proceedings on the allegations of involvement in forged payments of high value money orders.
An interesting development took place during the interregnum by which the disciplinary proceedings were dropped on 21.03.1983.
The High Court held that the Appellant shall be entitled to full back wages from the date of the order of his acquittal i.e. 31.08.2001 till the date of his reinstatement i.e. 20.01.2003.
The order of suspension was in companytemplation of disciplinary proceedings.
