2005 (10) TMI 600

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.... pay and pension. 2. The factual background is as follows:   The appellant was enrolled in the Indian Army on September 13, 1978. On March 30, 1987 he was arrested in a criminal case for offence punishable under Sections 302/34 and 452 of the Indian Penal Code, 1860 (in short 'IPC'). The appellant was convicted by the trial Court. However, his appeal was accepted by the High Court and he was acquitted vide order dated March 26, 1992. The appellant alleges that he was released from the Jail on April 4, 1992 and that he had reported to his Unit along with a copy of the judgment on the next day. He further stated that he was reinstated on the strength of such acquittal and continued in service, but his pay and allowanc....

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....rom September 30, 1993 (afternoon). Still further, it was pointed out that due to the appellant's failure to resume duty despite repeated requests, the auditors raised objections regarding the admissibility of the pay etc. for the period from March 30, 1987 to September 30, 1993. The matter was referred to the Government of India. The audit authorities returned the documents with various observations and asked the reasons for non-joining duty by the appellant. It was further observed that when the appellant has not reported for duty despite issue of as many as nine letters and also after sending a person to his home, it is felt that case does not warrant consideration for regularization by obtaining Government sanction. On this basis, t....

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....and because of the proceedings which ended in acquittal the appellant was unable to attend duty. When the conviction which was originally recorded was set aside, the effect is that there was no proceeding in the eye of law. The dismissal was as a consequence of the conviction by order dated 18th July, 1990. He was under custody from 9th April, 1987 to 16th August, 1988. Against the conviction by the Trial Court, he filed an appeal before the Punjab and Haryana High Court which was allowed. But in the meantime because of his conviction, he had been dismissed in terms of para 423 of the Regulation for the Army 1987 (in short the 'Regulation'). According to the appellant, the natural consequence of an order of acquittal is that the per....