GAUTAM RAJ BHANSALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against part of the order dated 31.05.2017 (Annex.-4), wherein it has been directed that period of suspension of the petitioner i.e. 30.03.2009 to 01.10.2012, though would be treated as in service for all purposes, except for the amount of subsistence allowance, the petitioner would not be entitled to any pay & allowances for the said period.

(2.) The petitioner was placed under suspension by order dated 02.04.2009 (Annex.-1) under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ('RSR'), on account of being caught red handed by the Anti Corruption Bureau on 30.03.2009, whereafter, challan was filed against the petitioner and the criminal trial proceeded. By order dated 01.10.2012 on reviewing the case of the petitioner, he was ordered to be reinstated back in service, however, it was ordered that the issue relating to payment of pay & allowances etc. shall depend on the outcome of the criminal trial.

(3.) Ultimately, by judgment dated 08.05.2017, the Special Court, Anti Corruption Act , Pali, acquitted the petitioner giving benefit of doubt. Whereafter, the order dated 31.05.2017 (Annex.-