SURESH KUMAR Vs. SECRETARY, DEPARTMENT OF EDUCATION

JUDGEMENT

(1.) Prayer in the present writ petition is for quashing of the order dated 03.11.2011 (Annexure P8), passed by respondent No.2, whereby the suspension period of the petitioner from 17.08.1988 to 09.10.2007 has been treated as period not spent on duty for each and every intent, under Rule 7.3-B(7) of the Punjab Civil Services Vol. 1, Part-I (hereinafter, referred to as 'Rules').

(2.) It is not disputed that the FIR was lodged on 03.08.1988 under the above-mentioned provisions and on account of the petitioner being taken in custody on 17.08.1988, he was placed under suspension and was granted bail on 22.08.1988.

(3.) The reasoning given by the State, as such, regarding the issue of acquittal on the ground of doubt is without any justification. The Addl. Sessions Judge has held that the case of the prosecution is full of doubt and not proved against the accused. The said judgment was, however, modified to the extent that the benefit of doubt given to other co-accused was not justified. However, in case of the petitioner, it was considered safe to give the benefit of doubt.