The High Court said that the dismissed employee is entailed for the full payment after the accusation charges had been cleared by the appropriate authority.
- The Petitioner is a follower with the Uttar Pradesh Police and the disciplinary actions were instituted against him.
- The charge sheet was filed under the Rule 14 of the UP Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 for the allegations of taking two days without authorisation and participating in hunger strike which greatly affects the reputation of the police force.
- He was guilty of the alleged charges and dismissed from the service.
- The Appellate authority exonerated the petitioner of the alleged charges and subsequently, he was reinstated.
- The petitioner’s salary of the dismissal period was not provided to him by the direction of the Superintendent of Police.
The Court observed the alleged charges made against petitioner and also examined the directions of the SP of Police and Rule 73 of the Financial Handbook Volume-II Part II to IV stated that the extension of the absent after his permitted leave was entitled no payment for such period.
The Court found that the petitioner was reinstated in the service and capable of getting his salary for the dismissal period after his alleged charges was cleared under the Rule 54 of the Financial Hand Book.
Justice Salil Kumar Rai held that the writ petition was allowed and he was entitled to a sum of Rs. 25,000 for the litigation and remarked that the quantum of amount will depend upon the nature of exoneration from the charges.
The Court stated that the period of dismissal was considered to the period on duty upon such situation.
CASE NAME: Dinesh Prasad V. State of UP and three others
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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