Prolonged suspension without a framed charge may lead to the setting aside of the suspension order and entitlement to full pension on a provisional basis.

1. - Counsel for the petitioner submits that while holding the post of District Probationary and Social Welfare Officer, he was placed under suspension vide order dated 2.7.1996 (Ann. 4) on account of criminal case being registered against him under the Prevention of Corruption Act.

2. Counsel further submits that FIR was registered against the petitioner on 9.7.1996 and charge-sheet was filed on 9.4.1997 but still charge has not been framed against the petitioner so far.

3. Counsel further submits that since the petitioner stood retired in November, 1996 while he was under suspension. He is getting only 75% as provisional pension. Counsel placed reliance on the judgment delivered in Prem Prakash Mathur v. State of Rajasthan & Ors., reported in 2005(9) RDD 3962 (Raj.) and submits that on account prolonged suspension where there is no fault of the delinquent, order of suspension has been set aside.

4. Counsel for the respondent wants time to file reply.

5. Heard, Admit. Fresh notices need not be issued since respondents are duly served.

6. As regards interim relief, without expressing any opinion on the merits, in the meanwhile, further operation of the order of suspension dated 2.7.1996 (Ann. 4) shall remain stayed and the respondents are directed to pay full pension on provisional basis after being duly revised under the Revised Pay Scale Rules, during pendency of the writ petition, till further orders.Direction Given as Above.

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