The Allahabad High Court has said that if the tube well operator, who was dismissed on conviction for a crime without a departmental inquiry, had been acquitted of the crime while in service, he could have been reinstated without the arrears of salary.

Due to the delay in acquittal of the crime, he is not entitled to any relief after retirement.

Justice JJ Munir gave this order while hearing Netram's petition. The court said that the petitioner, a temporary tube well operator, took a bribe of Rs 30 within one year and three months of service and after being sentenced to a fine of Rs 100 for one year, he was dismissed.

The appeal was approved and, giving the benefit of doubt, the court acquitted him in 2023, even though he had retired in 2016. The petitioner had demanded pension, including reinstatement from the previous date, which was not accepted, so he approached the High Court.

The court refused to give any relief as he was a temporary employee. The Executive Engineer of the Irrigation Department, Bareilly, had appointed the petitioner as a tube well operator on August 17, 1977. It was posted in Fatehganj West.

It is alleged that on December 15, 1978, he took a bribe of Rs 30 from Puranlal Yaduvanshi for not registering his crop under irrigation. An FIR was written and the court pronounced the sentence. After this he was dismissed on 28, 1983.

When the appeal against the sentence was accepted, he was acquitted on February 1, 2023. Even before this, he had crossed the age of retirement.

Girijesh Tripathi, Additional Chief Standing Advocate of the state government, said that the petitioner has been acquitted, taking advantage of doubt. There has been no honorable acquittal. He admitted that the dismissal was done without departmental inquiry and on the basis of punishment but said that he is not entitled to relief under Article 311(2).