CHANDRA SHEKHAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed with the prayer for grant of salary for the period from January 2013 to July 2014 and for grant of increments and all retiral dues to the petitioner.

(2.) The facts of the case are that an FIR was registered against the petitioner under Ss. 498-A and 304-B of the Indian Penal Code. The petitioner was arrested on 15/1/2013. Because of his arrest and remaining in custody, he was suspended vide order dtd. 14/2/2013 with effect from 23/1/2013. The petitioner stood retired on 31/7/2014 while he was in custody. The learned trial Court vide order 5/10/2017 acquitted the petitioner giving him the benefit of doubt. After the said order of acquittal being passed, the petitioner applied for release of all his retirement benefits. But the said papers of pension etc. were returned by the Department in view of the fact that the directions had already been issued by the State authorities to file an appeal against the order of acquittal of the petitioner.

(3.) Counsel for the petitioner submitted that no appeal has been filed by the State till date and therefore, withholding of the retiral benefits of the petitioner is highly illegal. Counsel further submitted that as the petitioner has now been acquitted there can be no valid ground in terms of Rule 7 of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as "Rules of 1996") to withhold the same.