Kohima: The Gauhati High Court Kohima Bench ruled that a pending criminal case is not legal grounds to withhold a government employee's salary. Justice Budi Habung issued the order on November 13 after the Nagaland Public Works Department demanded an acquittal order before paying a staffer.
The petitioner works as a Lower Division Assistant cum Computer Assistant for the PWD in the Mangkolemba Division of Mokokchung. Police arrested him in December 2023 for Chozuba Police Station Case No. 016/2023. He secured bail in March 2024 and returned to work the following month. Despite working since April 2024, his pay remained frozen. The Engineer-in-Chief of the NPWD sent a notice on September 12, 2024, blocking his pay until a court cleared him of all charges.
State authorities admitted in court that no official suspension order existed. They had no legal basis to stop the pay. Justice Habung noted that criminal trials and payroll are distinct issues. "It is well settled that mere pendency of the criminal case against a government employee does not automatically disentitle him from receiving salary," the court stated.
The department cannot force an acquittal as a condition for payment. They must verify attendance records from April 2024 to confirm work actually performed. The court ordered the NPWD to calculate and release all admissible arrears within five months. Monthly pay must resume by December 2026. The writ petition was disposed of accordingly.
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