GOPI VALLABH VERMA Vs. STATE AND ORS.

JUDGEMENT

(1.) INSTANT petition has been filed assailing order dt. 21/02/2008 by which after order of acquittal being passed by competent court of jurisdiction vide judgment dt. 19/12/2007 in a criminal case registered against Petitioner on 03/10/2004, the authority regularised period of suspension while holding it a qualifying service for pensionable purposes but observed that he shall not be paid other than subsistence allowance already paid during suspension.

(2.) IT has come on record that Petitioner while working as Office Superintendent on account of criminal case being instituted against him, remained in judicial custody for more than 48 hours, as a result whereof, he was placed under suspension vide order dt. 22/02/2005 and pendente criminal trial, stood retired from service on attaining age of superannuation on 31/12/2006, and thereafter was acquitted by a competent court of jurisdiction vide judgment dt.19/12/2007 and taking note whereof, the Respondents took decision to regularise period of suspension treating it as a qualifying service for pensionable purposes but would not be entitled to be paid salary other than subsistence allowance having been paid during suspension.

(3.) UNDER Rule 54 of RSR, it has to be examined by the authority in two different exigencies where Government servant has been dismissed, removed or compulsorily retired from service, obviously either on the basis of conviction or in a disciplinary inquiry, if he is reinstated on exoneration, his period of suspension has to be regularised in terms of Rule 54 (2) of RSR.