BHAJAN MEENA Vs. THE STATE OF RAJASTHAN

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. The petitioner was reinstated on 11/8/2009. However, for suspension period from 7/11/2002 to 11/8/2009, his salary was withheld. He submitted several representations requesting regularization of the suspension period and payment of arrears. In response, an order dtd. 23/5/2011 was issued, regularizing the suspension period but denying payment of arrears, except for the subsistence allowance, citing the reason that his acquittal based on the benefit of the doubt. Hence, the present petition.

(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.