BACHUBHAI KANJIBHAI CHAUHAN Vs. S B TOLIA

JUDGEMENT

(1.) Rule. Mr. Bambhania, Additional Government Pleader, appears and waives service of Rule on behalf of the respondent. In the facts and circumstances of the case, the matter is taken up for final hearing today.

(2.) This petition is filed by the petitioner for an appropriate writ, direction or order, directing the respondent-Authority to treat period of suspension of the petitioner as on duty and to pay his salary and other benefits on that basis.

(3.) It is the case of the petitioner that he was appointed on August 2, 1978 as Watchman, Class IV, and was serving in District Court, Bhavnagar. In connection with an incident said to have taken place on 29th March, 1985, First Information Report was lodged against the petitioner, being C. R. No. 59 of 1985. It was for offences punishable under S.394 read with S.34 of the Indian Penal Code. It was the case of the prosecution that the petitioner, alongwith two other accused, had beaten complainant Bhikhabhai Bachubhai Vaghri and committed robbery. The petitioner was arrested and a trial was conducted. During the pendency of criminal prosecution, the petitioner was placed under suspension by an order dated May 14, 1985. After acquittal of the petitioner, however, he was reinstated.