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TMI Blog2007 (12) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... llows: The respondent, who, at the 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 reinsta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to operate and not Regulation 15(2) of the Regulation. It is stated 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 res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) with effect from the date of conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) Where the competent authority holds that the officer employee has been fully exonerated or that the suspension was unjustifiable, the officer employee concerned shall be granted the full pay to 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 condition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laced under suspension under Regulation 12(i)(b). Regulation 15 deals with two types of situations. As the heading itself shows, it relates to pay and allowances and termination of service on termination or suspension. Sub- Regulation (1) deals 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 n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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