Acquittal For Cruelty Upon Wife Based On Compromise, Not Merits : Bombay High Court
The Bombay High Court passed a order on 8 March, 2023.This was seen in the case of State of Maharashtra & Ors. v. Surendra G.Ghodake 2470 OF 2018 and the case was presided over by Hon’ble Justice SV Gangapurwala and justice Sandeep V Marne. FACTS OF THE CASE:
In this case a constable was convicted for cruelty to wife u/s 498A and punishment for voluntary causing hurt u/s 323 of ipc which was made by his wife. He was also dismissed from his job. He, then filed a appeal in session court which was dismissed by the court. He filed a revision application in high court which was allowed by the court and he was acquitted after he filed consent form with his wife. The state decided to pay only 50 percent salary and allowances for the period of his dismissal. Then he filed for the title of full wages.
ORDER BY COURT:
The Court noted that Rule 70 of the Maharashtra civil Services Rules, 1981 does not provide for automatic payment of salary after reversal of conviction. Rather, the competent authority has discretion to determine the quantum of back wages once the penalty of dismissal is reversed. Then, the court held that there is no question of full payment of salary. The, court said that 50% wages is sufficent for him and he did not perform his duty well.
Thus, state isn’t liable to pay salary and allowances during the period when respondent remained under dismissal, the court held.
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JUDGEMENT REVIEWED BY ARCHLA.