Got benefit of doubt in the court. Can i get my job back

536 votes

Benefit of doubt and clean acquittal both are different, and there are many citations on both point by the Hon'ble Apex Court. But if you are not convicted then you can get your job back if you are removed from your service.

Advocate Raj Kumar Gupta LawRato

880 votes

yes sure ap IPC 354 or Pocso 11(1),12 m dosmukt huye h .
apne koi crime n kiya h.
ap ko job wapas milegi.
apni job wapas pane k liye claim kriye . agr apko case m jabrdasti fasya gya tha to ap claim b mang sakte h.

Advocate Sumedha Tiwari LawRato

846 votes

If u have received the court order and the order is in your favour, then you can very well get your job back. For more information I need to see the documents. You can fix the Appointment for the same.

Advocate Shrijan Shukla LawRato

532 votes

Yes, as per judgments of Hon'ble Supreme Court followed by several high courts you can be reinstated into service on account of your acquittal in criminal case. However, you may not get the back wages. Also, there is nothing like acquittal on the basis of benefit of doubt under CrPC, as an aquittal simply means acquittal irrespective of the basis on which the order has been passed and applying the logic, you are entitled for reinstatement after acquittal. However, there are judgments favouring both sides. Also, if termination is after departmental enquiry, acquittal would be of no help. Further, there are a few expectional cases where departmental enquiry can be opened after acquittal.

Advocate Rahul Tamaskar LawRato