JUDGMENT

JUDGMENT:— Special leave granted.

We have heard counsel on both sides. From the facts placed on record, it appears that between 14th March, 1974 and 20th March, 1976 the respondent who was an employee of the appellant, certified certain bills which enabled the contractor to claim an excess amount of Rs. 19,180/- from the appellant. The respondent was, therefore, placed under suspension on 14th, March, 1975, on the ground that disciplinary proceedings were contemplated against him. Before the disciplinary proceedings could be initiated, it appears that First Information Report was lodged on 23rd June, 1975 and as a result thereof the appellant stayed its hands so far as the disciplinary proceedings were concerned. The special Judge who tried the respondent convicted him by his judgment and order dated 25th January, 1978. Thereupon the respondent was dismissed from service by an order dated 15th May, 1978. It appears that the respondent preferred an appeal against the order of conviction and sentence. The appeal was allowed, he was given the benefit of doubt, and was acquitted vide the High Courts order dated 23rd October, 1979. The respondent as well as his companions having