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Nitesh Sharma   01 December 2018

Reinstatement order - can it be altered subsequently?

I had faced a criminal trial which was directly related to my job, i.e. it was on account of misuse of computer passwords in the workplace around 7 years ago and it culminated into my acquittal in the year 2017. After I submitted certified copy of the order of acquittal, I was reinstated and the suspension period was treated as duty period for all intents and purposes by the competent authority. But, till date I have neither been granted any benefit nor even full-pay on account of the query raised by the Local Audit as to whether an appeal against the order of aquittal has been preferred by the State. I was not even paid salary for entire year even though I had been working from the very day of my reinstatement since February, 2017, and subsequently, I was granted provisional salary without any increment, i.e. I am being paid the same salary which was applicable under the unrevised payscales of 1996 and which I was drawing at the time of my suspension. My employer, on the basis of the Audit objection, wrote to the DA (Prosecution) as to whether an appeal against my acquittal was filed. The DA (Proseution) replied that he had not yet received the certified copy and as & when the certified copy would be received by him, he would decide whether to file an appeal or not. Please note that this reply has been coming since February, 2017. This month again my employer sent the same letter enquiring if an appeal has been filed, and the DA (Proscn) has once again sent the same answer that the certified copy has not been received by him so far for the last 2 years. 1. I drafted legal notice on my own, citing all the case laws that an appeal against acquittal is not treated as a continuation of trial or proceedings in the service jurisprudence. Since, I am myself a Post graduate in law, I hold the view that there is no requirement under Indian laws that the Legal Notice can be served only through a lawyer. 2. I have learnt that my organisation (which is a "State" within the meaning of Article 12 of the CoI) has constituted a Committee to decide on my "Notice". There is no such provision under our Statutes. It appears to me a ploy to amend the order dated February, 2017, to deprive me of financial benefits.arrears of pay since there can be huge amount which the organisation will have to pay to me for the last 7 years and that too under revised payscales of the year 2006 (made effective from 1 january, 2006). 3. I know that I should have been admitted to revised payscales even during the period of my suspension as the payscale revision (though adopted by my employer after 10 days of my suspension but made effective from the year 2006), but I was denied the revised payscale. Now I intend to invoke the writ jurisdiction of the High Court, but my question is whether the employer can change the order which was issued to me 2 years ago through the committee? Should I go to the Court now or should I wait till the decision of the Committee? It is pertinent to mention that till date I have not been informed that my case has been sent to the Committee for taking "decision". The only reply I have received from my employer that my benefits would be "considered" only after receiving the reply from the DA (Prosecution). Two years have passed since my reinstatement; can my case (if I file writ petition) be hit by delay and laches?

 3 Replies

Suri.Sravan Kumar (senior)     01 December 2018

just inquire from the copying section of the court whether the Dept has applied for certified copy or not? This you can verify from CA register.

1 Like

Kumar Doab (FIN)     01 December 2018

You can benefirt from above.

You have submitted certified copy probably under proper acknowledgment.

Hitler The Great   02 December 2018

Looks like the login-request has not been approved or authenticated by the webserver of the lawyersclub due to which he is asking me to comment/reply on his behalf. But, i declined because many similar people might be suffering from the same issue. . Even i had to wait for several days to log in,even after the authenticating email reached me! This forum must think of its technical team (which appears to be an outsourced one, so long as the services are concerned). Sorry for raising a technical issue in the legal query..

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