A dismissal based solely on a conviction overturned by acquittal requires the reinstatement of retirement benefits.

Order

13/02/2026

1. Considered application no. 1/2026 filed for bringing on record order dated 06.11.2025.

2. Having considered the submissions of learned counsel for parties, the application is allowed and the order dated 06.11.2025 passed in S.B. Criminal Appeal No. 1467/2019 is taken on record.

3. Application stands disposed of.

4. CMS no. 6726/2020 stands dismissed as withdrawn.

5. Stay application stands disposed of.

6. Instant writ petition has been filed by the petitioner with following prayers:

"a) Declare that the action of the respondents to withhold the post-retirement benefits of the petitioner including pension, gratuity, EWF dues and leave encashment is arbitrary, illegal and in violation of Articles 14, 21 & 300(A) of Constitution of India .

b) Direct the respondent to release the post retirement benefits of the petitioner including pension, gratuity, EWF dues and leave encashment as also interest @ 18% p.a. from the date the same fell due and with all consequential relief.

c) Declare that the order of dismissal of service of the petitioner dated 20.11.2019 is arbitrary, illegal and bad in law and Hon'ble Court may be pleased to quashed and set- aside the same.

d) Any other relief which this Hon'ble Court deems to fit looking to the present matter."

7. During course of argument, learned counsel for respondent(s) candidly admits that after conviction of petitioner on 16.07.2019 termination order dated 20.11.2019 is passed by DOP (k-3) complaint department, as a result of order dated 20.11.2019, the petitioner was dismissed from service though he was scheduled to attain age of superannuation on 30.11.2019.

8. Learned counsel for petitioner submits that the order dated 20.11.2019 is passed only on the ground that petitioner was convicted by a criminal court. He also submitted that there is no other charge against the petitioner and no independent inquiry was ever conducted by the respondent department, therefore, after clean acquittal of the petitioner by this Hon'ble Court on 25.11.2025 the order dated 20.11.2019 is liable to be quashed and set aside and petitioner is entitled for all consequential benefits treating the petitioner as superannuated on 30.11.2019.

9. Learned counsel appearing on behalf of DOP fairly submits that except the conviction order no independent inquiry was conducted by the Department and on the basis of conviction order passed against the petitioner, the order dated 20.11.2019 was issued by DOP. Learned counsel appearing on behalf of other Departments have supported the case of DOP.

10. Heard learned counsel for parties and perused the material placed on record.

11. The order dated 20.11.2019 was passed after conviction of petitioner on 16.07.2019 in sessions case no. 142/2015 (139/2010) passed by learned Sessions Judge (PC Act cases) Ajmer. Based on the conviction by a criminal court in a criminal case relating to the Prevention of Corruption Act, the DOP has dismissed petitioner from service by invoking rule of Rajasthan Civil Services (CCA) Rules, 1958. Admittedly, no independent inquiry was conducted by DOP before passing order dated 20.11.2019. The facts also indicate that the petitioner would attain age of superannuation on 30.11.2019.

12. The petitioner has challenged judgment of conviction 16.07.2019 by preferring an appeal no. 1467/2019 and same was allowed by a Co-ordinate Bench of this Court on 06.11.2025, as a result of allowing of appeal on 06.11.2025, the petitioner was acquitted from the charge under Section 7 and 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 .

13. The basis on which the impugned order dated 20.11.2019 was passed by DOP h