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2018 DIGILAW 862 (RAJ)

State of Rajasthan v. Ganesh Lal Sharma

2018-04-02

PRADEEP NANDRAJOG, VINIT KUMAR MATHUR

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JUDGMENT : Pradeep Nandrajog, J. 1. Working as a Patwari, FIR for an offence under Section Prevention of Corruption Act was registered against the respondent. In view of the registration of the criminal case he was placed under suspension on 24.02.1987. He remained under suspension till date of retirement was reached; being 31.12.1996. 2. Unfortunately, the criminal trial was still on. The respondent was acquitted on 07.03.1998. Appeal filed against the order of acquittal is pending. 3. Noting aforesaid facts the learned Single Judge has directed that the respondent would be entitled to the terminal benefits; noting that upon retirement provisional pension has been sanctioned. 4. In the decisions dated 04.04.2005 and 23.01.2018 in D.B. Civil Special Appeal No. 110/2005, State of Rajasthan & Ors. v. Jogendra Singh and D.B. Civil Special Appeal No. 558/2016, Rajasthan Financial Corporation & Anr. v. Dinesh Pareek, the consistent view taken by this Court is that upon acquittal at a criminal trial the employee would be entitled to terminal benefits admissible under the Rules notwithstanding appeal against the order of acquittal is pending. 5. The view taken by the learned Single Judge is in harmony with the view taken by the two division bench of this Court and thus the instant appeal is dismissed.