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2016 Supreme(Raj) 51

RAJASTHAN HIGH COURT
Jaipur Bench
State of Rajasthan & Anr. Vs. Dilip Kumar Dewani (Grewal, J.)
HON'BLE AJIT SINGH, J.
HON'BLE ANUPINDER SINGH GREWAL, J.
State of Rajasthan & Anr.
Versus
Dilip Kumar Dewani
D.B. Special Appeal (Writ) No.1255, 1337 & 1534 of 2014; 15, 18 & 56 of 2015, decided on 03.02.2016

Advocates Appeared
Rajendra Prasad, AAG Inderjeet Singh, AAG, for Appellants;
Mohd. Anees, Sandeep Saxena, Anil Upman, Mahendra Sharma, for Respondents

Headnote:Service Matters read with Rajasthan Service Rule, 1951, Rule 54 read with Rule 29 and 31 — Entitlement for grant of annual grade increments and other benefits including selection grade during the suspension period? — Revocation of suspension during pending criminal trial — Proceedings which are pending against the respondents, have not been concluded and it is on account of its delay that competent authority has passed an order of their reinstatement purely as an interim measure — Held — Order of the appellant in directing the reinstatement as an interim measure and reserving the right to pass order as to how the period of suspension would be treated upon the conclusion of the pending trial is in consonance with the provisions of Rule 54, 29 and 31 of the Rules of 1951 — Order of Single Bench set aside.

       Appeals allowed. (Paras 16 to 19)

        lsok laca/kh ekeys lifBr jktLFkku lsok fu;e] 1951] fu;e 54 lifBr fu;e 29 o 31 & fuyEcu ds nkSjku p;fur osrueku lfgr okf"kZd osru o`f);k o vU; ifjykHk gsrq ik=rk & QkStnkjh fopkj.k ds yfEcr jgus ds nkSjku fuyEcu dk izfrlagj.k & dk;Zokgh tks izR;FkhZx.k ds fo:) yfEcr gS] mldk lekiu ugha fd;k x;k gS vkSj ;g blds foyEc ds dkj.k gS fd l{ke izkf/kdkjh us fo'kq) :i ls ,d vUrfje mik; ds :i esa mudh cgkyh dk vkns'k ikfjr fd;k & vfHkfu/kkZfjr & ,d vUrfje mik; ds :i esa cgkyh dk funsZ'k nsus esa vkSj yfEcr fopkj.k ds lekiu ij fuyEcu dh vof/k dSlh ekuh tk;sxh bl laca/k esa vkns'k ikfjr djus ds vf/kdkj dks vkjf{kr j[kus dk vihykFkhZ dk vkns'k 1951 ds fu;eksa ds fu;e 54] 29 vkSj 31 ds izko/kkuksa ds vuq:i gS & ,dy ihB dk vkns'k vikLr fd;kA

       vihysa Lohdkj dhA ¼in la[;k 16 ls 19½

JUDGMENT :

Hon'ble GREWAL, J.—As these appeals raise a common question of law, they have been heard together and are being decided by this common judgment.

2. For the sake of convenience, the facts are being taken from D.B. Special Appeal (Writ) No.1255 of 2014. The challenge has been made to the order of the Single Bench dated 13.05.2014 passed in S.B. Civil Writ Petition No.20270 of 2013 whereby while allowing the writ petition, the appellants/respondents therein were directed to grant the benefit of second and third selection scale including the period of suspension as well as the revision of pay scale to the petitioner therein deeming him to be throughout in service. The arrears were directed to be paid with interest at the rate of 9% per annum. In the other cases, the Single Bench has directed the respondents/writ petitioners to be eligible for the grant of the annual grade increments even during the period of suspension which had been revoked.

3. The respondent herein namely Dilip Kumar Dewani was suspended on 22.03.2004 due to his arrest for offences under sections 420, 468, 469, 471 and 120B IPC. Vide order dated 26.11.2012, his suspension was revoked subject to the outcome of pending criminal proceedings. In other appeals, similar details of the respondents/writ petitioners along with the date of suspension, reinstatement as well as the offences wherein they are facing trial as furnished by learned Additional Advocate General, are reproduced as under:

S.
No

Case No.

Title

Date of
Suspension

Date of Rein-statement

Offence u/s

1

SAW No.1337/14

State vs.

1. Dharam Singh s/o Shri Munshi Singh (Constable)

15.5.2006

11.1.2011

7, 13(1)D(2) PC Act.

2. Dharam Singh s/o Shri Ramswaroop (Constable)

(i) 15.3.2000

(ii) 23.6.2009

(i) 24.4.2009

(ii) 4.1.2010

7, 13(1)D(2) PC Act. 120B IPC.

2

SAW No.1534/14

State vs.  Man Singh Hada (ASI)

19.4.2008

7.6.2010

7, 13(1)D(2) PC Act

2. Pawan Kumar Nagar (ASI)

15.2.2007

7.6.2010

7, 13(1)D(2) PC Act

3. Hansraj (ASI)

7.8.2002

11.6.2010

7, 13(1)D(2) PC Act

4. Irfan (Constable)

6.1.2006

28.12.2010

7, 13(1)D(2) PC Act. 120B, 201 IPC.

5. Prabhu Dayal (ASI)

12.2.2002

8.6.2010

7, 13(1)D(2) PC Act

6. Om Prakash (ASI)

11.5.2005

8.6.2010

7, 13(1)D(2) PC Act. 120B IPC.

3

SAW No.15/2015

State vs. Sanwar Mal (Head Constable)

06.11.06

25.5.2011

7, 13(1)D(2) PC Act

4

SAW No.18/2015

State vs.

1. Birbal Singh (Head Constable)

6.12.2001

25.5.2011

Acquittal

2. Vidhyadhar Sharma (ASI)

19.4.2005

2011

7, 13(1)D(2) PC Act

5

SAW No.56/2015

State vs. Brij Kishore Sharma (ASI)

(i) 2.6.2006

(ii) 15.6.2009

(i) 30.4.2009

(ii) 3.4.2012

7, 13(1)D(2) PC Act

4. The learned Additional Advocate General appearing for the appellants has contended that in view of the provisions of Rule 54 of the Rajashan Service Rules, the respondents are not entitled for grant of annual grade increments and other benefits including selection grade during the period of suspension. In support of his submission, he has placed reliance upon the judgment of the Supreme Court in the case of State of Punjab vs. Jaswant Singh Kanwar ((2014) 13 SCC 622).

5. On the other hand, learned counsel for the respondents have contended that once the orders of suspension have been revoked and the orders of reinstatement passed, the respondents were entitled to all the benefits including the increments and selection scale during the period of suspension. In support of their submission, they have placed reliance upon the decision of the Supreme Court in the case of Vijay Kumar Agarwal vs. Union of India & Anr. [2015(10) Scale 486] and the judgment of the Division Bench of this Court rendered in Brij Lal Bundel vs. State of Rajasthan & Anr. [2007(1) RLW 484].

6. We have heard learned counsel for the part
















































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