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PUSHPENDRA SINGH BHATI
Rama Kishan Soni S/o Shri Ram Bagas Soni – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. This writ petition has been preferred claiming the following reliefs:-
II. Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.
III. Cost of the writ petition may kindly be awarded to the petitioner.”
2. The bone of contention in the present petition is that although the petitioner has been acquitted of the corruption charges against him by a competent Court, would the fact that the acquittal was granted to him, while extending him the benefit of doubt, dis-entitle him from c
Rule 54 of Rajasthan Service Rules, 1951 is reproduced re-instatement.
The central legal point established in the judgment is the distinction between 'honourable acquittal' and acquittal by extending benefit of doubt, and its impact on the employee's entitlement to serv....
The competent authority has the power to grant full pay and allowances for the period of suspension if it is of the opinion that the suspension was wholly unjustified.
Acquittal in bribery case does not automatically entitle suspended employee to full backwages; competent authority may treat suspension as leave, applying 'no work no pay' where prosecution not by em....
Suspension regularization under FR 54-B based on initial justification, not acquittal nature; re-examination required absent disciplinary proceedings.
The authority has discretion under Rule 152 of the Gujarat Civil Services Rules to determine whether a suspension period should be treated as a period spent on duty, especially when acquittal is on b....
Point of Law : Cause of suspension and initiation of punitive action based on petitioner’s conduct leading to his prosecution were found to be sufficient to hold such suspension to be justified there....
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