Govt. Servant exonerated from Dowry death (LI), claims full pay
This is regarding one of the empoyees working in our department (Lets name him Mr. X). Mr. X has been arrested under dowry death of his wife. He was sentenced life imprisonment and was sent to Jail. Due to this, the official wasn dismissed from Service as per departmental rules. Later Mr. X appealed in HC and was exonerated from all the charges (approx.after 7 years) and now claming for full pay and allowances.
1. Mr. X has been arrested by police and was convicted for the officence, the facts were not known to the department till few months. This was his internal (or say family isue) with no concern with departmental proceedings.
2. Mr. X went to jail and served imprisonment and gave no productivity to the department during this period. And now since he has been exonerated, he is claiming for full pay and allownaces as well as leave balance, which is drastic and big loss to department (considering 4 to 5 lacs his annual income total comes around 35 Lacs apporx. Plus leave for 7 years)
Now the question is-
1. Though he has been exonerated from all charges, and department had nothing to do with the said matter, why should department pay Mr. X for the personal absence form duty he has made giving no productivity to department??
2. Is there any refernce case similar to this??
3. Guidance in the above case..