BANSHI DHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant was a Patwari working at village Minda in the year 1976. On an allegation that he had sought illegal gratification, on or about 13.7.1976, a complaint was lodged in the office of Deputy Superintendent of Police, Anti-Corruption, Jaipur (Rural) that the appellant had asked for illegal gratification. A raiding party laid a trap on the said date and he was found to have accepted illegal gratification. Pursuant thereto he was prosecuted for alleged commission of an offence under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the Indian Penal Code. He was placed under suspension. He was convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the Indian Penal Code by reason of a judgment dated 25.02.1985 passed by the Special Judge (A.C.D.) in criminal case No. 17 of 1979. He was dismissed from service in terms of the said judgment of conviction by an order dated 3.10.1987.

(2.) The appellant preferred an appeal against the said judgment of conviction and sentence and by reason of a judgment and order dated 16.01.2001, the said appeal was allowed. The appellant, thus, stood acquitted.

(3.) In the meanwhile, i.e., in the year 1998, the appellant reached his age of superannuation. Having been acquitted in the criminal proceeding, he filed a writ petition before the High Court of Rajasthan which was marked as SB Civil Writ Petition No. 3111 of 2002. By an order dated 19.02.2003, a learned Single Judge of the High Court directed that in the event the appellant files a representation before the competent officer with regard to pension, the same may be considered within a period of three months therefrom. An appeal preferred thereagainst was dismissed by reason of the impugned order passed by the Division Bench.