NEW DELHI: The Delhi High Court refused to reinstate an accountant in a public sector entity on Thursday even after his acquittal in a corruption case, saying reinstatement cannot flow as a matter of right in the absence of an "honourable acquittal".
Justice V Kameswar Rao observed that the petitioner was not convicted only on a technical ground that the offence could not be proved beyond reasonable doubt and his reinstatement would effectively amount to turning a blind eye towards the employer's concerns regarding his integrity, honesty and trustworthiness.
The employer's concern cannot be ignored merely because the petitioner was accorded the benefit of doubt in a criminal case, the court opined while dismissing the petition.
"This court is of the view that the petitioner is not entitled to the prayers made in the petition, inter alia, for setting aside the order of dismissal dated March 19, 2013 and reinstating him in service. If such a relief is granted, it would have the effect of turning a blind eye towards the concern of the employer regarding the integrity, honesty and trustworthiness of the employee," it said.
"Given the nature of the offence for which the petitioner was proceeded against and the conviction having been set aside only on a technical ground that the offence could not be proved by the prosecution beyond reasonable doubt, and the acquittal not being an honourable acquittal, it must be held that the reinstatement of the petitioner cannot flow as a matter of right," the court added.
Justice Rao relied on a Supreme Court decision to note that a mere acquittal in a criminal case was not conclusive of the suitability of a candidate and if a person is acquitted or discharged, it cannot always be inferred that he was falsely implicated or that he had no criminal antecedents.
The judge said the nature of charges levied against the petitioner, coupled with the fact that he was merely accorded the benefit of doubt, would cast a shadow of doubt in the eyes of the employer insofar as his suitability for re-employment in public service.
"While there are no standards in service jurisprudence as to how integrity, honesty and trustworthiness of an employee can be measured, the meaning of these terms in general parlance has to be taken into accord. No doubt, the prosecution of the petitioner, who was an accountant in public service, has culminated in his acquittal on account of the benefit of doubt, however, while seeking reinstatement, such acquittal alone cannot be claimed to be an indubitable testament to the bona fide conduct of the petitioner," the court said.
The petitioner, who worked in the accounts department of the Tribal Cooperative Marketing Development Federation of India Limited, challenged his dismissal from service after his conviction in a case under the Prevention of Corruption Act was set aside by the appellate court and he was acquitted and exonerated from all charges.
The petitioner had claimed that apart from reinstatement, he was also entitled to the benefits of the sixth and seventh pay commissions and promotion to the higher rank of senior accountant in the revised pay-scale of Rs 66,000 per month, along with the usual allowances, in accordance with rules.