Court mandates payment of full salary and allowances during suspension period for acquitted TNEB employee under Regulation 57(A).
In a significant ruling, the Madras High Court (Madurai Bench) has ordered the Tamil Nadu Electricity Board (TNEB) to treat the suspension period of an employee, who was acquitted in a criminal case, as duty period, thereby entitling him to full pay and allowances. The judgment was delivered by Justice Mummineni Sudheer Kumar in the case of Palaraman v. Chairman Cum Managing Director, Tamil Nadu General and Distribution Corporation Limited.
Palaraman, who served as an Assistant Executive Engineer, was suspended on October 20, 2010, due to allegations under the Prevention of Corruption Act, 1988. Despite his acquittal on June 30, 2022, and revocation of suspension on June 14, 2023, the TNEB had previously converted his suspension period into leave without pay. Aggrieved by this decision, Palaraman sought relief from the court.
The court ruled that the suspension period from October 20, 2010, to May 31, 2015, should be treated as duty under Ruling 9 of Regulation 57(A) of the TNEB Service Regulations. This regulation mandates that an employee acquitted of criminal charges is entitled to full pay and allowances as if they had not been suspended. The court emphasized that the principle of "No Work, No Pay" does not apply in such cases.
The court rejected the TNEB's contention that the regulation did not apply because Palaraman had already reached superannuation before his acquittal. Justice Kumar clarified that once the suspension was revoked, it amounted to a deemed reinstatement, entitling Palaraman to his full dues.
This ruling aligns with a previous Division Bench decision of the Madras High Court, reinforcing the rights of employees acquitted of criminal charges to be compensated for their suspension period. The court has directed the TNEB to process the payments within two months, after adjusting any subsistence allowances already paid.
This decision underscores the judiciary's role in ensuring fair treatment of employees within public sector undertakings, particularly in cases where employees are cleared of criminal allegations.
Bottom Line:
Employees of Tamil Nadu Electricity Board (TNEB) are entitled to full pay and allowances for the period of suspension if acquitted in a criminal case, as per Ruling 9 of Regulation 57(A) of TNEB Service Regulations, deeming the suspension period as duty.
Statutory provision(s): Regulation 57(A) of Tamil Nadu Electricity Board (TNEB) Service Regulations, Prevention of Corruption Act, 1988.
