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2022 Supreme(Raj) 2555

REKHA BORANA
Chandra Shekhar Sharma – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Sushil Solanki, Advocate, for the Appellant
Hemant Choudhary, Govt. Counsel and Ravi Panwar, Addl. Govt. Counsel, for the Respondents

JUDGMENT

Rekha Borana, J. - The present petition has been filed with the prayer for grant of salary for the period from January 2013 to July 2014 and for grant of increments and all retiral dues to the petitioner.

2. The facts of the case are that an FIR was registered against the petitioner under Sections 498-A and 304-B of the Indian Penal Code. The petitioner was arrested on 15.01.2013. Because of his arrest and remaining in custody, he was suspended vide order dated 14.02.2013 with effect from 23.01.2013. The petitioner stood retired on 31.07.2014 while he was in custody. The learned trial Court vide order 05.10.2017 acquitted the petitioner giving him the benefit of doubt. After the said order of acquittal being passed, the petitioner applied for release of all his retirement benefits. But the said papers of pension etc. were returned by the Department in view of the fact that the directions had already been issued by the State authorities to file an appeal against the order of acquittal of the petitioner.

3. Counsel for the petitioner submitted that no appeal has been filed by the State till date and therefore, withholding of the retiral benefits of the petitioner is highly ille

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