Yes, according to a recent ruling by the Punjab and Haryana High Court, the government can deny back wages to employees who were absent from duty due to involvement in criminal cases unrelated to their official duties, even if they are later acquitted.
In the case in question, a Haryana Roadways conductor was implicated in a dowry harassment and dowry death case under Sections 498-A and 304-B of the Indian Penal Code. He was convicted and sentenced to seven years of rigorous imprisonment in 1991, leading to his termination from service. Although he was later acquitted by the High Court, his request for back wages for the period of absence was denied. The court held that since the criminal case was unrelated to his official duties, the government was justified in withholding back wages for the period he was absent due to the criminal proceedings .
This ruling underscores that government employees may not be entitled to back wages for periods of absence resulting from criminal cases unrelated to their official duties, even if they are ultimately acquitted. The decision aims to balance the rights of employees with the integrity of public service.
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