The Bombay High Court recently ruled that a man whose conviction for cruelty to wife was set aside due to compromise b/w parties and not sue to merits the said man won’t be entitled to 100% back wages for the period of dismissal of service.
The ruling was passed by the Bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne while setting aside an order passed by the Maharashtra Administrative Tribunal order granting 100% back wages to a person convicted for offence of cruelty but was later acquitted based on compromise.
In this case, the respondent was convicted u.s 498A and 323 of IPC and was sentenced to 5 months imprisonment and due to the same he was dismissed from service in June 1997.
The convict’s appeal in Sessions Court was dismissed and he filed a revision in the High Court.
The High Court however acquitted the convict after he entered into a compromise with his wife.
The respondent reinstated in March 2013 and State only provided him 50% back wages for the duration of dismissal. The respondent challenged this order and the Tribunal allowed this application and the State challenged the Tribunal’s order by way of the instant appeal.
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In appeal, the Bench noted that Rule 70 of Maharashtra Civil Services don’t provide for automatic payment of salary when conviction is reversed but it is up to the competent authority to determine the quantum of back wages if dismissal is reversed.
The Bench further opined that it’s debatable if any back wages are due to the respondents and opined that 50% backwages is enough as the respondent was not in service for 15 years.
As per the court, the State was not liable to pay 100% back wages to the respondent.
Title: State of Maharashtra and others versus Surendra G Ghodake
Case No.: WP No. 2470/2018