ORDER :

1. By filing this petition under Article 32 of the Constitution of India, the petitioner has prayed to issue appropriate writ or order to declare that the order of suspension dated 22.12.1985 passed against him is void ab-initio. Another prayer made is that in any case the continuance of suspension order after acquittal of the petitioner in criminal case be declared illegal and the respondents be directed to reinstate the petitioner with all consequential benefits including full pay, seniority, promotion etc.

2. This Court has heard the learned counsel for the parties.

3. From the record, it is evident that the petitioner was prosecuted for an offence punishable under Section 302 of the Indian Penal Code. He was arrested on 20.12.1985 on account of criminal offence registered against him. Therefore, the Rajasthan High Court, Jodhpur had passed an order suspending the petitioner from service on 22.12.1985. The said order reads as under -

"WHEREAS a case against Shri Guru Pal Singh, Munsif-cum-Judicial Magistrate, Vallabhnagar in respect of a criminal offence is under investigation/trial.

And Whereas Shri Gurupal Singh, Munsif-cum-Judicial Magistrate, Vallabhnagar has been detained in Police custody since 20th December, 1985 (A.N.) on account of a criminal offence.

Now, Therefore Hon'ble The Chief Justice In Exercise Of The Powers Conferred By Rule 13 Of The Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 Read With Full Court Resolution Dated October 30, 1971, Hereby Places The Said Shri Gurupal Singh Under Suspension With Effect From The Afternoon Of 20th December, 1985.

During the period of suspension, he will get subsistence allowance at an amount equal to the leave salary which he would have drawn if he had been on leave on half pay and in addition dearness allowance based on such leave salary."

4. The petitioner was acquitted by the Trial court vide judgment dated 1.5.2002. The prosecuting agency had thereupon filed Acquittal Appeal before the High Court. The Acquittal Appeal was also dismissed by judgment dated 27.9.2005. Thereafter, it was decided to initiate departmental inquiry against the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and it was decided to continue his suspension. In the departmental inquiry, the petitioner was exonerated by an order dated 26.3.2008. Thereupon the petitioner was reinstated in service with immediate effect by an order dated 26.3.2008.

5. The High Court considered the question whether the period of suspension should be treated as period spent on duty and whether he would be entitled to all the benefits under the law. The Rajasthan High Court, Jodhpur passed an order dated 24.1.2009 which reads as under -

"WHERAS SHRI GURPAL SINGH, RJS presently retired was placed under suspension vide this office Order No. Estt. (RJS) 199/85 dated 22.12.1985.

AND WHEREAS it was decided that regular disciplinary proceedings under rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 be initiated against Shri Gurpal Singh, RJS presently retired. AND WHEREAS Hon'ble the Chief Justice in exercise of the powers conferred by Rule 13 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 read with Full Court Resolution dated October 30, 1971 was pleased to order that on account of initiation of a regular enquiry under rule 16 of Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 the suspension of Shri Gurpal Singh shall continue. AND WHEREAS Departmental Enquiry under rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 was initiated against said Shri Gurpal Singh vide Memorandum No. Estt. B2(iii)/ / 2006/1544 dated 20.04.2006.

AND WHEREAS in the above departmental enquiry said Shri Gurpal Singh has been exonerated vide order No. Estt. (RJS) 25/2008 dated 26.03.2008.

AND WHEREAS, Shri Gurpal Singh has been reinstated with immedi