NATHU LAL JAROLI Vs. STATE WATER RESO.

JUDGEMENT

(1.) Petitioner is before this Court seeking quashing of an order dtd. 23/5/2011 (Annex.-1) passed by respondent No.2, vide which arrears of salary for the period the petitioner remained under suspension, i.e., from 7/11/2002 to 11/8/2009, were denied on the ground that the petitioner was acquitted in criminal proceedings (which led to his suspension) by being given the benefit of the doubt.

(2.) Relevant facts first. The petitioner is working as Junior Engineer and his services were placed under suspension on 7/11/2002, due to a criminal case (No. 23/1999) filed against him, under the Rajasthan Civil Services (CCA) Rules, 1958. However, no departmental inquiry was initiated. He was later acquitted on 12/6/2009. The State's appeal against the acquittal was rejected by this Court vide order dtd. 30/11/2009.

(3.) Respondents' stand, inter alia, is that the petitioner was acquitted based on the benefit of the doubt. Under Rule 54 of the Rajasthan Service Rules, the petitioner is entitled to consequential benefits, however, he is not entitled for any other benefits except the subsistence allowance, which has already been paid. Therefore, the petitioner has no valid grounds to challenge the validity of the order dtd. 23/5/2011.