AV.S.PRASAD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-

(2.) Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.

(3.) It is the case of the petitioner that the ACB authorities registered a case against him for the offences under Prevention of Corruption Act, 1988. The petitioner was suspended and later reinstated into service on 25/11/2011. The petitioner was acquitted by the learned Principle Special Judge SPE and ACB Court, Hyderabad in C.C.No.7 of 2010 vide judgment dtd. 8/12/2014. The ACB authorities preferred an Appeal vide Crl.A.No.730 of 2016 before this Court and the same is pending. The petitioner made a representation to the Government for regularization of suspension period but the Government rejected the same and observed that as per FR 54-A (3), 'back wages to be suspended/dismissed employee cannot be paid as a matter of course in cases where the employee has been acquitted by the Courts on benefit of doubt'. But as per Rule 54-B(1) when a Government servant who has been suspended is reinstated or would have been so reinstated but for his retirement while under suspension; the authority competent to order reinstatement shall consider and make a specific order.