Rajiv Shakdher, J.

1. The short point which arises in the writ petition is, whether or not the petitioner ought to have been paid full pay and allowances for the period of suspension which were denied to him, on account of his prosecution in a criminal case. The period of suspension involved in the present case is 30.03.1999 to 29.09.2009.

2. To be noted, the petitioner was implicated under the provisions of Prevention of Corruption Act, 1988 and Indian Penal Code, 1860 (in short IPC).

2.1 In view of a FIR being registered against the petitioner, as indicated above, the petitioner was placed under deemed suspension, on 30.03.1999.

2.2 An order for subsistence allowance was passed qua the petitioner on 19.04.1999. As a matter of fact, vide order dated 23.03.2000, the subsistence allowance qua the petitioner was enhanced.

3. Upon completion of trial, the Special-Judge vide judgment dated 29.09.2009, acquitted the petitioner.

3.1 Consequent thereto, on 08.04.2010, the petitioner was re-instated in service. By the very same order the competent authority indicated that the period of suspension qua the petitioner will be treated as period spent on duty for the purposes of pensio