JUDGMENT

Kuldeep Mathur, J. - A criminal case was lodged against the petitioner for offences punishable under Sections 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act and Sections 409, 420, 467, 468, 471, 477A read with Section 120-B IPC. The petitioner was acquitted of the charges after facing trial vide judgment dated 25.05.2017, passed by learned Special Judge, (Prevention of Corruption Cases), Udaipur. The petitioner in the meanwhile stood superannuated from services on 31.03.2016. The Court is apprised that an appeal has been filed against the judgment 25.05.2017 before this Court, which is yet to be decided. It is pleaded that no departmental enquiry is pending against the petitioner, however, on account of pendency of appeal against the judgment dated 25.05.2017 due in-service benefits and retiral benefits have been withheld.

2. A Co-ordinate Bench of this Court in the case of Harbans Lal v. State of Rajasthan & Ors. (S.B. C.W. No. 2460/2007) and Division Bench of this Court in the case of State of Rajasthan & Ors. v. Jogendra Singh D.B. S.A.W. No. 110/2005 held that on account of pendency of criminal appeal before the High Court, an employee cannot be deprived of se