RAM KHELAWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE short question that arises for consideration in this writ petition is whether under Rule 4 (2) of U. P. Government Servant (Discipline & Appeal) Rules, 1999 (in brief "rules 1999") if a government servant has been suspended on the ground of pendency of a criminal charge, whether after his acquittal in the criminal trial, he is entitled to reinstatement in service with all benefits of service even though an appeal has been filed by the State against the acquittal order.

(2.) THE facts in brief are that the petitioner was working as Divisional Manager, Bijnor in the U. P. Forest Corporation. A trap was laid against the petitioner in which he was alleged to have accepted Rs. 5000/- as illegal gratification. Conse quently, he was arrested on 13. 6. 2001 and an FIR was lodged and Case Crime No. 214 of 2001 under Section 7/13 (1) of the Prevention of Corruption Act, 1988 was registered against him. Since the petitioner was in jail for more than 48 hours, the State Government on 2. 7. 2001 passed an order deeming him to have been suspended under Rule 4 (3)- (a) of the Rules, 1999, and further suspending him (the petitioner) under Rule 4 (2) of the Rules, 1999 till the pendency of the criminal inquiry or trial against him as stated in paragraph 3 of the suspension order. THE petitioner has been acquitted of the criminal case by judgment and order dated 16. 9. 2003 passed in Sessions Trial No. 8 of 2002 by the Additional Sessions Judge, Court No. 3, Bijnor. Copy of the said judgment and order dated 16. 9. 2003 has been filed as Annexure SA-1 to the Third Supplementary Affidavit filed on behalf of the petitioner.

(3.) ON the basis of the arguments advanced by the learned Standing Counsel, the question that arises for consideration is that in case a person, who was deemed to have been suspended under Rule 4 (3) (a) of the Rules, 1999 on a technical ground of being in jail for more than 48 hours and was suspended under Rule 4 (2) of the Rules, 1999, during the pendency of investigation/inquiry/trial with regard to a criminal charge against him, is acquitted in the criminal trial, then whether, after acquittal, he is entitled for reinstatement with all benefits of service even though an appeal has been filed by the State Government against the order of the acquittal and the same is pending. It is necessary to extract Rule 4 (2) of the Rules 1999 as under: "4 (2) A Government servant in respect of, or against whom an investiga tion, inquiry or trial relating to a criminal charge, which is connected with his position as a Government servant or which is likely to embarrass him in the discharge of his duties or which involves moral turpitude, is pending, may, at the discretion of the appointing authority or the authority to whom the power of suspension has been delegated under these rules, be placed under sus pension until the termination of all proceedings relating to that charge. "