Arijit Banerjee, J. - (1.) The only question that falls for determination in this case is whether or not the petitioner is entitled to back wages for the period during which he was out of service due to dismissal from service by reason of his conviction under Section 498A of the Indian Penal Code and subsequent reinstatement in service upon his acquittal by the Appellate Court. The brief facts of this case in so far as the material for the present purpose are as follows.
(2.) At all material times the petitioner was an employee of Food Corporation of India (in short 'FCI').
(3.) On or about 18 September, 1997, the petitioner's wife caught fire and succumbed to the burn injury. Subsequently, a criminal case was registered against the petitioner under Sections 498A/34 and 304B/34 of the IPC. By an order dated 31 August, 2001, the criminal court acquitted the petitioner from the charge under Section 304B of the I.P.C. but found him guilty under Section 498A. He was awarded a punishment of rigorous imprisonment for three years. Immediately, upon his conviction, FCI dismissed the petitioner from service invoking the provision of Regulation 63(1) of the Food Corporation of India (Staff) Regulations, 1971. The Appellate Authority affirmed the said order of dismissal on 16 April, 2004.;