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february 1997

Supreme Court of India · 1997-02-28

KRISHNAKANT RAGHUNATH BIBHAVNEKAR vs STATE OF MAHARASHTRA

Citation / case number
SC 1995/19492
Court
Supreme Court of India
Petitioner
KRISHNAKANT RAGHUNATH BIBHAVNEKAR
Respondent
STATE OF MAHARASHTRA
Author
SUJATA V. MANOHAR K. RAMASWAMY
Bench
SUJATA V. MANOHAR K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that an acquitted government servant is not automatically entitled to all consequential benefits, including back wages, upon reinstatement after suspension. The Court emphasized that the purpose of prosecution is to maintain public integrity and discipline, and granting full benefits post-acquittal could undermine these objectives. The ruling clarified that while reinstatement is warranted, the disciplinary authority retains discretion regarding the entitlement to benefits based on the nature of the conduct leading to prosecution under Section 409 IPC.

KRISHNAKANT RAGHUNATH BIBHAVNEKAR vs STATE OF MAHARASHTRA · Niyam