JUDGMENT :

KURIAN, J.

Leave granted.

2. The appellant is before this Court, aggrieved by the denial of the full service benefits for the period he was kept out of service on account of conviction in a criminal case. The conviction was set aside and the appellant was acquitted by the High Court vide order dated 31.07.2000 rendered in Crl.A. No.298 of 1995, paragraph 13 of the said judgment reads as follows:-

“13. On a close scrutiny of the oral and documentary evidence, I can find that the prosecution failed to conclusively prove the guilt of the accused beyond all reasonable doubt. Therefore, the benefit of doubt has to be given to the accused and he is to be acquitted. The conviction and sentence are liable to be set aside.”

3. The learned counsel for the appellant submits that since the appellant has been acquitted, under Rule 56 of the K.S.R., Part-I, the appellant is entitled to full service benefits. We find it difficult to appreciate the submission. Rule 56(1) and (2) of K.S.R. reads as follows:-

“56. (1) When an officer who has been dismissed, removed or compulsorily retired including an officer who has been compulsorily retired under Rule 60A, is reinstated as a result of appeal