The question to be determined in this case is whether the petitioner is entitled to get the period during which he was kept out of service on account of suspension and thereafter on account of dismissal consequent to conviction, are to be regularised with full pay and allowances, on his re-instatement, on acquittal in appeal.

2. The petitioner is a retired Assistant Engineer of the Kerala State Electricity Board. While he was working as a Sub Engineer, he was arrested by Police and detained in custody. VC No. 13/1998 was registered against him under the Prevention of Corruption Act. Consequent to this, he was placed under suspension as per Ext.P1 order passed on 11.09.1998 w.e.f 09.09.1998 under Rule 16(4) of the Manual for Disciplinary Proceedings. He was re-instated as per order dated 4.2.2000 and he joined duty on 5.2.2000. He underwent trial for offences under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and Section 418 of the Indian Penal Code, before the Enquiry Commissioner and Special Judge, Thrissur. By judgment dated 29.10.2001 in C.C.No.35 of 2000, he was convicted. Consequent to this, he was dismissed from service as per Ext.P2 or