KANHAIYALAL PARMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed assailing the order dated 9-3-2000 passed by respondent No. 3 by which on revocation of the suspension, a direction was issued for non-payment of the salary for such period except the subsistence allowance along with a direction to count such period permissible for the purpose of pension.

(2.) IT is the case of the petitioner that he was appointed as Gram Sachiv with effect from 14-9-1965. As per the orders issued by the Government in the year 1982 the services of the petitioner was absorbed as Gram Sevak in the panchayat and Social Welfare Department. In the year 1996, a criminal case was registered against the petitioner at Crime No. 80/96 under Section 302, IPC. Because of the petitioner was under detention for more than 48 hours, therefore, as per order dated 13-10-1996, he was placed under suspension. Vide order dated 29-11-1996 passed by this Court in M. Cr. C. No. 3399/96, petitioner was released on bail. Thereafter, the trial has resulted into acquittal as per judgment dated 31-8-1998 (Annexure A/5 ). Some of the accused persons were convicted for the same offence but the petitioner was acquitted.

(3.) ARISING out of the judgment passed on 31-8-98, two appeals were preferred. One appeal Cr. A. No. 1049/98 was preferred on behalf of the convicted accused persons and another Cri. A. No. 1345/98 was preferred on behalf of the State Government against petitioner Kanhaiyalal. Both these appeals have been decided by a common judgment dated 31-10-99. The appeal filed on behalf of the convicted accused persons was allowed and the appeal filed by the State Government against the petitioner was rejected. In such a circumstances, it is apparent that the criminal prosecution lodged against the petitioner resulted into acquittal as per the order passed by the Sessions Court on 31 -8-98 and affirmed by the High Court.