An employer cannot be forced to pay back wages to the staff member acquitted of a criminal charge unless the prosecution itself was mala fide by a court, the Supreme Court has reiterated in a judgment.
The judgment came on the appeal by a former Railway Mail Service employee, Raj Narain, who was placed under the suspension in 1979 on allegations of involvement in forged payments of the high-value money orders. A department would be responsible for outstanding wages if it were discovered that the beginning of the criminal trial was in bad faith or with vague intentions ... For example, if an employee is involved in embezzlement or is abandoning asking and accepting illegal gratification, then the employer cannot be fined with full wages for the acquittal of the person by a criminal court, unless it is established that the accusation is malevolent, "noted a bank of judges L. Nageswara Rao and MR Shah in a recent verdict. Click here to read full article in detail You can also go for the UPSC IAS exams | UPSC Materials |UPSC Mains 2020 |
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September 2019
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