B.P. DHARMADHIKARI, J.

1. Petitioner by this petition under Articles 226 and 227 of the Constitution of India questions the order dated 24th September, 2003 passed by the Additional Commissioner, Amravati dismissing his appeal and treating the period of suspension pending enquiry as suspension only.

2. Short submission of Shri Bhoskar, learned counsel on behalf of petitioner is the misconduct has not been established fully and hence, period of suspension could not have been regularized as suspension only. The suspension was only for a criminal prosecution and the petitioner has been acquitted by the Competent Court therefrom Charge sheet was also for said prosecution only and hence, the punishment as ordered by the Chief Executive Officer on 12th February, 2003 is rightly set aside. As punishment is not sustainable, suspension also must fall to ground. He has relied upon the Judgment of Hon'ble Apex Court in the case of L. K. Verma Vrs. HMT Ltd. and another, reported at (2006) 2 SCC 269 and the Division Bench Judgment of this Court in the case of Bhaurao and Nanded Zilla Parishad, Nanded and others, reported at 2000 (87) FLR 603.

3. Ms. Mehta, learned Assistant Government Pl