- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 22.02.2012 passed by the Division Bench of the High Court of Judicature at Madras, Madurai Bench in Writ Appeal (MD) No. 1715 of 2011, affirming the order passed by the learned Single Judge in a writ petition filed by the writ Petitioner i.e. The Respondent in the present appeal. The High Court, for the reasons assigned, has taken the view that the Respondent/writ Petitioner was entitled to the benefit of back wages for the period that he had remained out of employment following his conviction in a criminal charge.
(3.) The relevant facts are as hereunder: The Respondent/writ Petitioner while working as a Assistant (Accounts) in the State Bank of India at Thanjavur Branch was convicted of the offences under Section 498A of the Indian Penal Code, 1860 (for short "the Indian Penal Code") and Section 4 of the Dowry Prohibition Act, 1961 on 03.11.1997. Following the aforesaid conviction, he was discharged from the service by an order dated 07.06.1999. Aggrieved by the conviction, the Respondent had filed an appeal which was allowed by the learned Sessions Judge, Ramanathapuram by order dated 22.02.2002. The order of acquittal, on a plain reading, appears to be based on the finding that the prosecution had failed to prove its case beyond reasonable doubt.;