1. Petitioner Mohd. Shafi Bhat was working as Sr. Assistant in the Jammu & Kashmir Secretariat (Subordinate) Service. In the year 1976, during his posting in the Housing and Urban Development Department he was arrested by the police in connection with a corruption case. He remained in custody for more than 48 hours as such on 27.8.1976 he was deemed to have been placed under suspension. Thereafter a challan against him was filed in the Court of Special Judge, Anti-corruption, Kashmir Province. On conclusion of the trial he was convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 1000/- by the Court vide judgment dated 28.6.1979. Later on the sentence was reduced from 2 years rigorous imprisonment to six months simple imprisonment with a fine of Rs. 100/-.

2. In an appeal against the said judgment, this Court vide its judgment dated 3.3.2005 allowed the appeal and acquitted the petitioner. He submitted his joining report in the department on 2.6.2005. On the basis of his date of birth recorded in his service book he retired on superannuation w.e.f. 30.4.2006. By order dated 16.10.2006, which is impugned in the present petition, his period of absence has been treated as under: -

a. Re-instatement of Shri Mohammad Shafi, Senior Assistant of J&K Secretariat (Subordinate) Service w.e.f. 2.6.2005.

b. Treatment of the period w.e.f. 27.8.1976 to 7.9.1976 as on leave whatever kind due;

c. Treatment of the period w.e.f. 8.9.1976 to 31.5.1979 as on duty.

d. Treatment of the period w.e.f. 1.6.1979 to 1.6.2005 as Dies non. The Dies non period shall not qualify for any service benefit in terms of SRO 514 of 1999 dated: 22.11.1999.

3. The petitioner is aggrieved of clause (d) of the order and submits that since he got an acquittal from the Court the period spent by him on suspension cannot be treated as dies-non. He has through the medium of the present petition prayed for a writ of certiorari for quashing clause-D of Govt. Order No. 1288-GAD of 2006 dated 16.10.2006.

4. Respondents have filed their reply in which they have given the background of the case. They have stated that in the backdrop of the facts the intervening period w.e.f. 27.8.1976 till 1.6.2005 has been treated strictly in accordance with the rules taking into account his period of police detention from 27.8.1976 to 7.9.1976 as on leave, followed by the period when he was still in Govt. service till the date of his conviction by the Court i.e. w.e.f. 8.9.1976 to 31.5.1979 as on duty and subsequently 1.6.1979 to 1.6.2005 as Dies-non. He was reinstated in service w.e.f. 2.6.2005, thus was entitled to all regular benefits with effect from the said date till his retirement on superannuation from Govt. service.

Heard. I have considered the matter.

5. The petitioners period of suspension right from the date he was arrested till he joined the department again on 1.6.2005 has been settled by means of order dated 16.10.2006.The order reads as under: -

Whereas, Shri Mohammad Shafi, Senior Assistant of J&K Secretariat (Subordinate) Service during his posting in the Housing & Urban Development Department was deemed to have been placed under suspension on 27.8.1976 on the grounds of his involvement in a corruption case and having remained in Police custody for more than 48 hours; and

Whereas, as per the judgment dated 28.6.1979 of Special Judge, Anti Corruption, Kashmir Province, the said official was convicted and given a rigorous imprisonment for two years and a fine of Rs. 1000/- and

Whereas, Shri Mohammad Shafi challenged in the Honble High Court, conviction/sentence awarded by the Special Judge Anti Corruption and on the basis of the directions of the Honble High Court, the Special Judge, Anti Corruption vide judgment dated 31.3.2000 reduced two years rigorous imprisonment to six months simple imprisonment with a fine of Rs. 100/- and;

Whereas, the said official again approached the Honble High Court and the Court vide its judgment dated 3.3.2005 ordered as under: -

"Un

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