In Brief
A government clerk was convicted under IPC Sections 324 and 506 while under suspension in a separate embezzlement case. His services were terminated in 2003 based on the conviction. The disciplinary appellate authority later set aside the termination but denied him salary for the suspension period, treating it as dies non (non-working period). The employee sued for full back pay and won in the trial and appellate courts. However, the High Court allowed the State's second appeal. The Supreme Court held that while the appellate authority's imposition of punishment (denial of salary and dies non treatment) exceeded its powers under the disciplinary rules, the employee was not automatically entitled to full back pay. The Court set aside all orders and remitted the matter for the competent authority to determine, in accordance with the applicable rules, how the suspension and removal period should be treated and compensated.
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