Bombay High Court: Acquittal of Employee after Consideration of Evidence is Honourable; Suspension Period to be Counted for Retiral Benefits

In a recent judgment, the Bombay High Court emphasized that an acquittal of an employee, after a thorough consideration of facts and evidence, should be regarded as honourable. The court further ruled that the period of suspension should be counted towards retiral benefits. The decision came in the case of Eknath v. Union of India and Ors., where the petitioner challenged his suspension and sought reinstatement and retiral benefits.

The court, while discussing the expression 'honourable acquittal,' stated, "If the acquittal is directed by the court on consideration of facts and material evidence on record with the finding of false implication or the finding that the guilt had not been proved, accepting the explanation of accused as just, it be treated as honourable acquittal." The court highlighted that the Code of Criminal Procedure does not recognize the terms 'honourable acquittal,' 'acquitted of blame,' or 'fully acquitted.'

In this case, the petitioner was suspended from service, leading to his retirement in public interest under Rule 10(4)(b) of the Pension Rules, 1982. The court observed inconsistencies in the evidence of the complainant and trap witness and found that the prosecution had failed to establish guilt beyond reasonable doubt. The petitioner was acquitted based on the lack of proof and false implication.

The court ruled that the acquittal, considering the entire reasoning and standard of proof applied, should be deemed honourable. It emphasized that a mere acquittal due to benefit of doubt in a criminal case does not automatically entitle the employee to reinstatement or all service benefits unless specific rules provide for it.

Regarding the suspension period, the court held that it should be treated as the period spent on duty for the purpose of retiral benefits. The petitioner's pension will be refixed, taking into account the salary he would have notionally received on the date of retirement.

This decision by the Bombay High Court provides clarity on the treatment of acquittals and the counting of suspension periods for retiral benefits. It reaffirms that an employee's acquittal, after a comprehensive evaluation of evidence, should be regarded as honourable and considered for appropriate benefits.

Date of Decision: 8 JUNE 2023

Eknath Shankar vs Chief Executive Officer,