Saurabh Malik Tribune News Service Chandigarh January 20 The Punjab and Haryana High Court has held that the principle of no work no pay was not applicable in the case of an employee restrained from discharging his duties in an illegal and arbitrary manner. The case Petitioner Raghubir Singh through counsel Ranjivan Singh had challenged the refusal to restore salary and promotion despite acquittal. Ranjivan Singh had contended that the petitioner was on PCR duty when an FIR under the Prevention of Corruption Act was registered against him on December 17 2012. He was dismissed from service on that very day without holding an inquiry but the Mohali special court acquitted the petitioner in 2017. Justice Harsimran Singh Sethi also made it clear that a government employee exonerated in the criminal and departmental proceedings was entitled to service benefits for all intents and purposes for the out-of-job period. “If the employee is not held guilty either in criminal proceedings or in the departmental proceedings the employee is to be treated in service for all intents and purposes even for the period he/she remained out of job so as to compensate him for the illegal acts of the department. The least compensation that can be given to the employee is granting him/her the benefits which he/she would have earned otherwise while in service. Therefore the rule of no work no pay cannot be made applicable...” Elaborating Justice Sethi asserted no work no pay would not be applicable in the case when the allegations against the employee have not been proved while investigating the FIR and in the departmental inquiry on the same allegations. The principle was applicable only where an employee knowingly and for reasons attributable to him did not discharge his duties. In case the employee was stopped in any manner and the act was ultimately found illegal and arbitrary further prejudice could not be caused by declining benefits for period he was restrained in an illegal and arbitrary manner. Petitioner Raghubir Singh through counsel Ranjivan Singh had challenged the refusal to restore salary and promotion despite acquittal and exoneration. Ranjivan Singh had contended the petitioner was on the PCR duty when an FIR under the Prevention of Corruption Act was registered against him on December 17 2012. He was dismissed from service on that very day without holding an inquiry but the Mohali Special Court vide judgment dated September 12 2017 acquitted the petitioner. The DGP ordered his reinstatement and initiation of a departmental inquiry. The petitioner accordingly was allowed to join on October 15 2018 but was granted pay he was drawing at the time of termination of his services in December 2012. He was exonerated in the departmental inquiry on February 18 2019. However his request for the restoration of the salary by way of annual increments and arrears for the period his services remained terminated and promotion was turned down.

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