RIYAZUDDIN USMANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY order dated 26. 7. 1996 an appointment was given to the petitioner as Inspector Gr. II, Department of Excise, in the pay scale of Rs. 1400-2600. Initially the appointment was on probation for a term of two years. By order dated 27. 4. 1998, pay of the petitioner was revised by making fixation at Rs. 5000/- in the pay scale of Rs. 5000-8000. On 30. 9. 1999 the petitioner was placed under suspension in view of the fact that a case for the offences punishable under Sections 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 was registered against him. After facing complete trial for the charges referred above, the petitioner was acquitted by the competent court vide judgment dated 20. 5. 2006. The period of probation in service relating to the petitioner was extended by the respondents due to the criminal case aforesaid, therefore, on acquittal by the competent court a request was made by him to confirm his service and also to allow all other ancillary service benefits such as grant of annual grade increments, fixation of pay at the relevant point in running pay scale and also for promotion to next higher post. By various representations the petitioner reminded his cause to the competent authority but of no consequence, hence this petition for writ is preferred.

(2.) THE contention of counsel for the petitioner is that once the petitioner has been acquitted from the charges relating to the offences punishable under prevention of Corruption Act and the department has not initiated any disciplinary proceedings against him, then no reason survives to detain annual grade increments, promotion, fixation in the running pay scale and confirmation in service.

(3.) IN reply to the writ petition the stand of the respondents is that the acquittal of the petitioner has not acquired finality as a petition against acquittal has been filed before this Court and the same is pending consideration. As per the respondents increments are not given to the petitioner as he is still working on probation and as per Rule 27-A of the Rajasthan Service Rules, 1951, such an employee is not entitled for drawal of increments.