The Punjab and Haryana High Court has ruled that the state government is justified in withholding back wages of employees who are absent from duty due to criminal proceedings, even if those individuals are later acquitted. As per the ruling, acquittal alone does not create an automatic entitlement to salaries for the period of absence.
The court clarified that unless a criminal case is initiated by the department itself or at its behest, an employee’s reinstatement following acquittal does not necessarily include salary benefits for the time spent out of service. The decision was made while addressing a petition filed by Balwant Singh, a former Haryana Roadways conductor.
Singh had been convicted in a dowry harassment and dowry death case in 1991, receiving a seven-year prison sentence. Following his conviction, he was terminated from service. Years later, he was acquitted by the High Court and reinstated into his job. However, the reinstatement order stated clearly that he would not receive back wages for the duration of his dismissal.
Displeased with the decision, Singh appealed to the High Court, asking for full salary and allowances for the entire period he was out of service. The state opposed the request, arguing that his conviction and subsequent absence from duty were valid grounds for not compensating him during that time.
The High Court upheld the state’s stand, saying that when a public servant becomes involved in a criminal case in their individual capacity, and the case is not linked to departmental action, the employer is not liable to pay for the lost period. The court thus reinforced that reinstatement after acquittal does not automatically entitle employees to retrospective financial benefits.
