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2022 Supreme(Raj) 1189

REKHA BORANA
Kamal Kishore Rathi – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Harish Purohit, Advocate., for the Appellant
N.S. Rajpurohit, Advocate., for the Respondents

JUDGMENT

Rekha Borana, J. - The present writ petition has been filed with a prayer for grant of pension and amount of commutation to the petitioner.

2. The brief facts of the case are as under:

    The petitioner who was working on the post of District Industry Inspector with the respondent-Department, after completion of his tenure of service, stood retired on 31.08.2016. During the tenure of his service, a criminal case was registered against him in which he was acquitted vide order dated 05.11.2011. An appeal against the said order of acquittal was preferred by the State which remains pending till date. However, during that complete period no departmental proceedings were initiated against the petitioner and on retirement, all his retiral benefits were granted to him but he was deprived of regular pension and amount of commutation on the ground that the appeal against the order of acquittal is pending.

    3. Learned counsel for the petitioner submitted that once he had been acquitted in the criminal case there was no occasion for the respondent-Department to deprive him of his regular pension only on the ground of an appeal being pending against him. The document (Annexure-3) whereby the o

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