TaxTMI 
TaxTMI 
2007 (12) TMI 527
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....relevant point of time was Branch Manager of appellant No. l-Bank and was posted at Nellore in Andhra Pradesh was charged and tried along with one Shrinivasulu s/o Chenchuramaiah for offences punishable under Sections 120B, 471 and 477 of Indian Penal Code 1860 (in short 'the IPC') and Section 5(2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1947 (in short the 'Prevention of Corruption Act'). Both the accused persons were tried in the Court of Special Judge for CBI cases. They were acquitted by judgment dated 11.12.2002 giving them benefit of doubt. The respondent was placed under suspension from 15.06.1988 till he was reinstated on 04.05.1993. After his reinstatement, departmental proceedings were initia....
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.... that the Manual is nothing but guidelines inducted and at the most, may be termed as Executive Instructions. The Regulations are statutory in mature. 6. It is pointed out that acquittal in a criminal case has nothing to do with departmental proceedings and law is clearly well settled. Notwithstanding acquittal in a criminal case, departmental proceedings can be initiated and/or continued. 7. In response, learned Counsel for the respondent submitted that the factual position shows that the only time respondent was placed under suspension was because of the criminal case under Regulation 12(1)(b). Even though departmental proceedings were initiated, the respondent was never placed under suspension. According to her, the case covered by Re....
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....ight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction. Explanation:- The period of forty-eight hours referred to in clause (b) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account. (3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an officer employee under suspension is set aside in appeal or on review under these regulations and the case is remitted for further inquiry or action or with any directions, the order of his suspension shall be deemed to have continued in force on and from the date of t....
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....which he would have been entitled had he not been suspended, together with any allowance of which he was in receipt immediately prior to his suspension, or may have been sanctioned subsequently and made applicable to all officer employees. (2) In all cases other than those referred to in sub-regulation (1), the officer employee shall be granted such proportion of pay and allowances as the Competent Authority may direct; Provided that the payment of allowances under this sub-regulation shall be subject to all other conditions to which such allowances are admissible: Provided further that the pay and allowances granted under this sub-regulation shall not be less than the subsistence and other allowances admissible under Regulation 14. ....
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....s with the power of competent authority on completion of the departmental enquiry. All other cases, except those covered by Sub-Regulation (1), the competent authority has to direct as regards the proportion of pay and allowances to be granted. 10. Clause 22 of the Manual deals with two situations. One is full exoneration in the departmental proceedings and other is acquittal by the court of law of the charges leveled. Clause 22(8) specifically deals with acquittal by criminal court. It does not exclude acquittal where accused has been given benefit of doubt. A close reading of Sub-Regulation (1) of Regulation 15 would show that the same is relatable to departmental proceedings. While other cases, meaning, cases not covered by departmental....