SOUMITRA PAL, J. ( 1 ) IN the instant writ application, the petitioner, retired member of the staff of the Calcutta State Transport Corporation (for short 'cstc') has sought for certain reliefs. The reliefs, which are relevant, are set out hereunder:-" (A) Issue a writ and/or in the nature of mandamus, commanding the respondent authority, specially respondent No. 2 herein to pass appropriate order, thereby extending the financial and pecuniary benefits payable to the petitioner as per Annexure P-7 and correctly fix the pay scale of the petitioner after giving the effect of the provisions of the ROPA 1990 and ROPA 1998 and pay the petitioner's arrear salary, provident fund, gratuity including leave salary as on service forthwith ; (b) Issue a writ of and/or in the nature of mandamus, commanding upon the respondent authority, specially Respondent no. 2 to extend all pecuniary service benefits to the petitioner including the differences in salary for the suspension period and earn leave of the petitioner treating the petitioner's suspension period as on service and to release the same forthwith. " ( 2 ) THE fact in short is that the petitioner, an Ex-LDC of the Thakurpukur depot of the CSTC was arrested by police in a criminal case and was suspended from service. The criminal case was disposed of on 23. 6. 94 acquitting the petitioner of all charges and was allowed to join his duties with effect from 25. 8. 94. ( 3 ) AFTER reinstatement, CSTC started a disciplinary proceedings against the petitioner for suppression of fact of his arrest by the police in the year 1988 which was concluded by awarding the petitioner a punishment of censure and treating the period of suspension as suspension. The petitioner therefrom, preferred an appeal before the Chairman of CSTC. The Chairman reduced the censure to warning and adjusted the period of suspension towards any leave which might have been due to him at that relevant point of time Regarding adjustment of suspension period towards leave due, a part of the suspension period was adjusted against the leave of 46 days which was due to the petitioner and the rest period of suspension was treated as 'dies non'. ( 4 ) THEREAFTER, it appears the petitioner on two occasions moved the high Court at Calcutta by filing writ petitions regarding the suspension and orders were passed in those writ petitions and against one of the orders, an appeal was filed. ( 5 ) ULTIMATELY, the petitioner on 2. 4. 04 moved a writ petition for nonpayment of retirement benefits on fixing the pay scale as per ROPA 1990 on consideration of the period of suspension as in service. The said writ petition was disposed of in the following terms :-"2. 4. 04-HEARD the learned Advocate for the petitioner. None appeared to oppose this application. The petitioner's grievance is for non-payment of retirement benefits on fixing the pay scale as per ROPA 1990 on considering the period of suspension as in service. The petitioner filed representation. Having regard to the fact that factual matrix are to be considered, the respondent No. 2 Chairman is directed to hear the petitioner's grievance and to dispose of the matter upon hearing him within 4 weeks from the date of communication of the order and reasoneordecision be communicated to the petitioner within 2 weeks thereafter. It is made clear that I have not gone into the merits of the case and all points are kept open. The writ application is accordingly, disposed of. " ( 6 ) PURSUANT to the order dated 2. 4. 04, the Chairman of the CSTC, being the Respondent No. 2, granted a hearing and passed a reasoned order which appears at page 59 of the writ petition. The relevant portion of the order dated 13. 8. 04 is as under:-"hence the award of censure of diluted to warning and treating the suspension period as such or being adjusted against leave dues not justified. In the circumstances, it is ordered in consideration of time elapsed and various judgments, directions and orders on the subject that the suspension period of Shri Kundu will be considered for fixing his salary as on service and he will get the increment on due date including fixing of salary in the intervening period due to "revision of pay Rules etc. " However, he will not get any benefit of such fixation, revision etc. till the time of his retirement but such revision of salary will determine his retirement benefits. " However, he will not get any benefit of such fixation, revision etc. till the time of his retirement but such revision of salary will determine his retirement benefits. He has already received pecuniary benefits based on earlier pay and the difference in the retirement benefits arising due to re-fixation revision and those received earlier will be paid to him at the earliest. " ( 7 ) THE grievance of the petitioner is that the decision of the Chairman is not just and proper. It was submitted that though it has been held that for fixing his salary the suspension period will be considered as on service, however, he will not get any benefit such fixation, revision etc. till the time of his retirement but such revision of salary will determine his retirement benefits. It was submitted that since the petitioner has been cleared of all the charges, the petitioner is entitled for the dues as prayed for in the petition. ( 8 ) MR. Chatterjee, learned Advocate appearing for CSTC submitted that it is not disputed that the petitioner did not work at all during six years in which he was under suspension and the order of the Chairman is just, proper and correct. In support of his contentions, he relied on the statements made at paragraphs 7 and 10 of the affidavit-in-opposition filed by the CSTC. ( 9 ) HEARD the learned Advocates for the parties. ( 10 ) THE question which falls for consideration is whether the Chairman was justified in holding that the petitioner will not get any benefit of the fixation, revision of pay till his retirement. I find from the order dated 2. 4. 2004 that the court did not go into the merits of the case and all points were kept open. The chairman in his order has noted that the case was "being reviewed". I find from the text and tenor of the order that the matter was considered afresh. From the facts and from the order itself, I find that the petitioner was acquitted of the criminal charges. The Chairman has found that there was no delay or misconduct on the part of the petitioner in communicating belatedly to the authorities about his detention. The censure was held to be not justified and thus, in my view, was removed. From the facts and from the order itself, I find that the petitioner was acquitted of the criminal charges. The Chairman has found that there was no delay or misconduct on the part of the petitioner in communicating belatedly to the authorities about his detention. The censure was held to be not justified and thus, in my view, was removed. "the suspension period as such or being adjusted against leave dues" was held to be "un-justified". Whatever stigma the petitioner suffered, stood erased by this order. Thus, it goes to show that there was nothing to warrant non-payment of the dues of the petitioner while in service. In the facts and circumstances of the case non-payment of salary during the period of suspension would be unfortunate and against the principles of natural Justice, because the petitioner would be denied something for no fault of his own whatsoever. Otherwise any enployee can be suspended with mala fide intention and denied in service dues, when he has retired. ( 11 ) IN view of the above, I direct the Finance Manager the respondent no. 4 to release and pay all the financial and pecuniary benefits to the petitioner after fixing the pay scale by giving the benefit of ROPA 1990 and ROPA 1998 including the arrear salary, provident fund, gratuity and leave salary minus the amount if any, already paid to the petitioner within a period of ten weeks from the date of communication of this order. ( 12 ) THUS, the writ petition succeeds. ( 13 ) HOWEVER, in the facts and circumstances there shall be no order as to costs. Urgent xerox certified copies of this order, if applied for, be given to the appearing parties on priority basis.