JUDGMENT 1. - Heard learned counsel. 2. In this writ petition, the contention of the petitioner is that the petitioner was placed under suspension due to registration of criminal case against him under Prevention of Corruption Act vide order dated 20.03.2004 (Annex. 1). The petitioner remained under suspended till his superannuation date i.e. on 30.4.2007 because trial of criminal case was pending. Vide judgment dated 27.07.2009, the petitioner was acquitted from the charges levelled against him under Section 7, 13(l)(d) read with Section 13(2) of the Prevention of Corruption Act. 3. After acquittal, the petitioner claimed for his retrial benefits by way of filing representation and submitted that his retrial benefits may be allowed and difference of pay from the date of suspension till date of superannuation may also be paid. 4. The Petitioner preferred this writ petition for seeking direction to the respondents for releasing retrial benefits forthwith on the ground that he has been acquitted from the charges after due trial by the Sessions Judge, Prevention of Corruption Act, Bikaner vide judgment dated 27.07.2009. 5. Learned counsel or the respondent-department submits that an appeal against the judgment dated 27.07.2009 has been preferred before this Court. Therefore, at this stage, the petitioner is not entitled for retrial benefits because the State Government took decision to challenge the validity of judgment passed by the criminal Court. 6. After hearing learned counsel for the parties, I have perused the entire record of the case. 7. In my opinion, the reason for denial of granting retrial benefits to the petitioner is totally in contravention of Rule 19 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 because after acquittal from the criminal Court, no retrial benefits can be retained by the respondents for the service rendered by the petitioner till attaining the age of superannuation solely on the ground that appeal has been filed against the order of acquittal passed by the criminal Court, However, for the period in which petitioner remained suspended w.e.f. 20.03.2004, till his retirement date which is 20.04.2007, the respondents are required to decide the entitlement of full salary in accordance with the Rule 54 of the Rajasthan Civil Service Rules, 1951. 8. In this view of the matter, this writ petition is allowed. 8. In this view of the matter, this writ petition is allowed. The respondents are directed to release the retrial benefits to the petitioner within a period of two month from today and take final decision for payment of full salary for the period in which the petitioner remained suspended w.e.f. 30.03.2004 to 20.04.2007 in accordance with Rule 54 of Rajasthan Civil Service Rules, 1951 within aforesaid period.Petition allowed. *******