Point of Law: Rule 54 of Rajasthan Service Rules, 1951 is reproduced re-instatement.

JUDGMENT :

1. This writ petition has been preferred claiming the following reliefs:-

“It is, therefore, most respectfully prayed on behalf of petitioner that the writ petition may kindly be allowed and :- I. by an appropriate writ, order or direction, the impugned order dated 22.11.2017 (Annex.10) passed by Respondent No.2 be quashed and set aside and further the respondent be directed to grant the petitioner all benefits including salary benefits for the period of suspension and also grant interest on delayed payment of gratuity and revise the pay and arrears of the petitioner by granting correct fixation of pay on competition of 27 years of service.

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 claiming the prayers, as made in the present petition.

3. Brief facts of the case as placed before this Court by learned counsel for the petitioner, are that the petitioner was appointed as Nayab Tehsildar in the Rajasthan Tehsil Services on 21.02.1980 and joined the service on 05.03.1980; he was promoted from time to time and vide order dated 14.05.2004, he was promoted to R.A.S. 3.1 That prior to his appointment to the R.A.S., a complaint of corruption was filed against him; thereafter a departmental enquiry was conducted against him and a charge-sheet under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was issued to him on 15.09.1991; and upon conclusion of the said enquiry, he was exonerated of all the charges levelled against him therein, vide order dated 27.04.2002 (at Annex.-2).

3.2 That a criminal complaint was also came to be registered against the petitioner at the same time, and a prosecution sanction was issued against the petitioner; in pursuance of the same, he was placed on suspension vide order dated 20.10.2004 (at Annex.-3).

3.3 That aggrieved by the same, the petitioner preferred a writ petition, being S.B. Civil Writ Petition No. 8261/2004 before this Hon’ble Court, at Jaipur Bench; which came to be allowed vide order dated 25.02.2010 (at Annex.-4) and the petitioner was accordingly reinstated in service vide order dated 29.04.2010.

3.4 Thereafter, the petitioner, upon attaining the age of superannuation, retired from service on 06.12.2012; however he was only paid a provisional pension; against which he preferred a writ petition, being S.B. Civil Writ Petition No 9269/2014 before this Hon’ble Court, which was dismissed vide order dated 03.12.2015 (at Annex.-7) while granting the petitioner liberty to claim all his pending retirement benefits after the completion of the trial in the criminal case against him, in the event of his acquittal.

3.5 That vide judgment dated 23.09.2017 (at Annex.-8), passed by the Special Judge No. 2, Sessions Court, Prevention of Corruption Act Cases, Jaipur in Criminal Regular Case No. 59/2016 (25/05) the petitioner was acquitted of all the charges levelled against him therein, while extending him the benefit of doubt; upon which the petitioner apprised the respondents of the same vide letter dated 04.10.2017.

4. Learned counsel for the petitioner submits that although the petitioner was accorded an acquittal in the aforementioned criminal case by a competent Court, the respondents while holding that he was not found to be innocent beyond doubt but was given the benefit of doubt, and that therefore, the suspension order dated 20.10.2004 was not bad, and would therefore be only liable to receive sustenance allowance for the period of his suspension, being 20.10.2004 to 30.04.2010