JAYDEV SHRICHAND DAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short question that arose for consideration in this petition is whether the petitioner who has been convicted by this Court and who has been suspended is entitled to normal subsistence allowance or Re. 1/ per month as provided in the second proviso to sub-clause (b) of clause (ii) of sub-rule (1) of rule 151 of the Bombay Civil Services Rules 1959 (hereinafter referred to as the Rules).

(2.) The petitioner was working as Assistant Office Superintendent in the office of Machhan Nala Project Division Divada Colony at the time of his suspension.

(3.) The petitioner and one Daljibhai Suthar Deputy Engineer in charge of Radhanpur Sub-Division (Roads and Buildings) Public Works Department were tried by the learned Sessions Judge in Special Case No. 5 of 1977 for the offences punishable under sections 409 477 467 465 and 471 read with section 34 of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act. The charge against them was of misappropriation of Government money to the extent on Rs. 6 616.9 paise. After the trial they were acquitted. Against the said order of acquittal the State of Gujarat filed Criminal Appeal No. 525 of 1979 before this Court and this Court by its judgment and order dated 27 August and 3/09/1981 set aside the order of acquittal of the petitioner and convicted him for the offences punishable under sections 409 467 and 477-A of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act and sentenced him to undergo terms of imprisonment and also to pay fine.