1.0 By way of present petition, the petitioner has prayed to quash and set aside the order dated 24.11.2011 passed by respondent No.2 and also to direct the respondents to treat the period of suspension of the petitioner from 01.11.1991 to 26.12.1999 as on duty for all purposes, and to revise his pensionary benefits and to pay the arrears with 10% interest.
2.0 The facts of the case in brief are that the petitioner was appointed as a Clerk on 16.09.1963 under respondent No.2 and he was promoted as Senior Clerk on 04.06.198 and he retired on 31.01.2003 on the post of senior clerk.
3.0 By the order dated 24/29.10.1991 the petitioner was suspended from service as he was involved in criminal case being A.C.B Police Station Case No. 4 of 1991 in connection with alleged acceptance of Rs. 200/ by way of corruption. During the pendancy of the criminal trial, by order dated 18.12.1999 the petitioner was reinstated in service by taking an undertaking from the petitioner on 17.11.1999 to the effect that he would not claim regularization of the period of suspension until the trial was over. By judgement dated 19.11.2005 passed by the Fast Track Court, Surat in Special A.C.B. Case No. 7 of 1992 arising from the criminal case no. 4 of 1991, the petitioner came to be acquitted of the offence. No appeal against the acquittal of the petitioner has been preferred by the State.
3.1 On 04.11.2011, the petitioner requested respondent No.2 to regularize the period of suspension from 01.11.1991 to 26.12.1999 as on duty for all purposes since no appeal or departmental inquiry was pending against him. The respondent No. 2 on 25.10.2010 decided to regularize the period of suspension of the petitioner. By the consequential order dated 24.11.2011 passed by the respondent No.2, the suspension period of the petitioner shall be treated as such. Hence, this petition.
4.0 Learned advocate appearing for the petitioner submitted that the petitioner was acquitted and no acquittal appeal seems to have been preferred. No departmental inquiry was initiated in this behalf against the petitioner. There is no statement from the State that acquittal appeal is preferred. He therefore, submitted that as per common law if an employee is acquitted in a criminal case and no appeal is filed and no departmental inquiry is held, the entire period of suspension is required to be treated as on duty.
5.0 Ms. Mandavia, learned advocate appearing for the respondent submitted that petitioner was acquitted by the criminal court by giving benefit of doubt. It was not honorary acquittal. Therefore, the petitioner cannot claim the direction to treat the period of suspension as on duty for all the purpose.
6.0 Heard learned advocates for the respective parties and perused the documents on record. The petitioner who was appointed as clerk and thereafter promoted to the post of Senior Clerk was suspended from service as he was involved in criminal case being A.C.B Police Station Case No. 4 of 1991 in connection with alleged acceptance of Rs. 200/ by way of corruption. During the pendancy of the criminal trial, by order dated 18.12.1999 the petitioner was reinstated in service by taking undertaking from the petitioner on 17.11.1999 to the effect that he would not claim regularization of the period of suspension until the trial was over. By judgement dated 19.11.2005 passed by the Fast Track Court, Surat in Special A.C.B. Case No. 7 of 1992 arising from the criminal case no. 4 of 1991, the petitioner came to be acquitted of the offence. No appeal against the acquittal of the petitioner has been preferred by the State. The petitioner made representation on 04.11.2011 requesting to regularize his suspension period from 01.11.1991 to 26.12.1999. The petitioner was suspended during the pendency of the trial. Apart from that no departmental inquiry is initiated against the petitioner. No penalty is also imposed on the petitioner. Therefore, the suspension period of the petitioner is required to be regularized.
7.0 In view of the above, the petition is allowed. The order dated 24.11.2011 passed by respondent No.2 is hereby quashed and set aside. The concerned respondents are directed to regularize the period of the suspension of the petitioner from 01.11.1991 to 26.12.1999 for all purposes and revise his pensionary benefits and the arrears thereon. The arrears of the pensionary benefits will be paid to the petitioner within a period of six months from the date of the receipt of the order of this Court. However, it is made clear that if the said exercise is not done within stipulated period, the petitioner will be entitled for interest from 01.03.2003 at the rate of 9% and the same will be recovered from concerned officer who will be responsible for the delayed payment. Rule is made absolute.
(K.S.JHAVERI, J.) niru*