Exoneration - Affect - PCA

Exoneration - entitled to all benefits

Prevention of Corruption Act - Punjab Civil Services Rules, Rule 7.3 - Once the order of conviction of the petitioner under the provisions of the NDPS Act and Prevention of Corruption Act has been set aside and the petitioner stands completely exonerated, he would be entitled to all benefits as provided for under Rule 7.3 of the Punjab Civil Services Rules - Dismissal from service was only on account of the pendency of the criminal proceedings having been initiated. (2017)188 PLR 110

Exoneration - entitled to full salary, increments and other allowances

Prevention of Corruption Act, 1988 (49 of 1988) - Main Services Regulations, 1976 - Period during which the petitioner remained dismissed from service before his reinstatement, shall be treated as duty period and the petitioner shall be entitled to full salary, increments and other allowances as if he was in service during the said period. (2017)185 PLR 580

Exoneration - petitioner retired during pendency of the proceedings shall be given full pay and allowances

Punjab Civil Services Rules, Vol. I, Part-I, Rule 7.3 - Admittedly the petitioner was convicted for an offence under Sections 7 and 13 of the Prevention of Corruption Act, 1988, by the trial court and subsequently, he was acquitted by the Appellate Court - The petitioner was suspended during pendency of the criminal proceedings and ultimately, dismissed from service - The petitioner attained the age of retirement during pendency of the proceedings and thereafter, on acquittal by the Appellate Court and on moving representation, he was granted retiral benefits - Is exonerated by the Court, then he shall be given full pay and allowances to which he would have been entitled, had he not been dismissed. (2015)177 PLR 86

All the terminal benefits should also accrue

Punjab National Bank Officer Employees (Discipline and Appeal) Regulations, Regulation 4 - Prevention of Corruption Act, 1947 (2 of 1947) Section 5(2) - Claim for salary during the period when he was removed from service and later reinstated on account of a criminal court conviction that was current during the period of his termination and the reinstatement having been ordered when the criminal court judgment was reversed in the higher forum - Opportunity to make a representation on the penalty proposed before an order was made - Petitioner claim that he shall be entitled to the continuity of service and the entire period of his absence shall be treated as on leave of the kind due - All the terminal benefits should also accrue in his favour by treating the said period as aggregating to his total length of service and to the extent to which it will have a bearing to his claim for gratuity. (2012)166 PLR 820