Jhadoo Singh Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5326 of 2018 Jhadoo Singh Rajput S/o Late Shri J. S. Rajput, Aged About 63 Years, R/o BTI Colony, in front of Kasturba Gandhi School, Bemetara, Tahsil Police Station and District Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through its Secretary, Department of Home (Police) Mahanadi Mantralaya, Police Station and Post Rakhi, New Raipur, District Raipur, Chhattisgarh

2. Director General of Police (D.G.P.), Police Headquarters (PHQ), near Mahanadi Mantralaya, Police Station and Post Rakhi, New Raipur, District Raipur, Chhattisgarh

3. Inspector General of Police (I. G .P.) Durg, Office of Inspector General of Police (I. G. P. ), 32 Bungalow, Bhilai, District Durg, Chhattisgarh

4. Superintendent of Police (S. P.), Office of Superintendent of Police (S. P. ), Bemetara, District Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Shri P. Acharya, Advocate For State :

Shri Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 20.08.2018 The relief sought for in the instant case is for a direction to the respondents to consider the case of the petitioner for grant of full pension and also for releasing the retiral dues which the petitioner is otherwise

entitled for.

2.

It appears that the petitioner was placed under suspension on 27.05.2017 on account of he being charged for an offence under Section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act. During the pendency of the trial, the petitioner superannuated from service on 30.06.2017. Meanwhile, the petitioner got acquitted from the criminal case for the aforesaid offences. Since there is an order of acquittal in his favour, the authorities concerned now have to take a decision as to how the intervening period has to be treated. The petitioner has since superannuated in between, he would also be entitled for retiral dues which he was otherwise entitled for had he not been placed under suspension. 3.

Given the nature of dispute, let an appropriate decision be taken by respondents 2 & 3 in the light of the Service Rules governing the field within an outer limit of 90 days from the date of receipt of the order passed by this Court. It shall be the responsibility of the petitioner to bring the order of this Court to the notice of respondents 2 & 3.

4.

With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Bhola