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| No back wages for detention unrelated to service misconduct: DB | | | Early Times Report
JAMMU, Aug 6: The High Court of Jammu & Kashmir and Ladakh has held that a government employee who was detained in a criminal case unrelated to his official duties is not entitled to back wages for the period of custody, even after acquittal.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar set aside a 2022 order of the Central Administrative Tribunal, Srinagar, which had directed the police department to treat the suspension period of Constable Pawan Kumar as "on duty" and to grant him consequential benefits.
The constable was arrested in 2008 in a criminal case under Sections 302 and other IPC provisions and remained in custody for over five years. Though later acquitted in 2013, the authorities treated part of his absence as earned leave and the rest as extraordinary leave, reinstating him without awarding back wages.
The Tribunal's directive to release full salary for the suspension period was challenged by the UT administration and senior police officials. The High Court observed that the criminal proceedings were not initiated by the department and had no connection with the employee's official conduct.
"It cannot be said that the employer was at fault for the employee's absence. The principle of 'no work, no pay' must be applied," the Court held. It further clarified that service regulations, including Rules 108-B and 109 of the J&K Civil Services Regulations, empower the employer to decide how the suspension period is to be treated, depending on the nature of the case.
Stating that the Tribunal had misapplied the regulations, the Court allowed the writ petition and dismissed the employee's claim for full salary during suspension.
(JNF)
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