1 S.B.CIVIL WRIT PETITION NO.7244/2007 Riyazuddin Usmani v. State of Rajasthan & Anr. Date of Order :: 5th October, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Mahaveer Bishnoi, for the petitioner. Mr. M.R.Singhvi, for the respondents. .... By order dated 26.7.1996 an appointment was given to the petitioner as Inspector Gr.II, Department of Excise, in the pay scale of Rs.1400-2600. Initially the appointment was on probation for a term of two years. By order dated 27.4.1998, pay of the petitioner was revised by making fixation at Rs.5000/- in the pay scale of Rs.5000-8000. On 30.9.1999 the petitioner was placed under suspension in view of the fact that a case for the offences punishable under Sections 7, 13 (1)(d) and 13(2) of the Prevention of Corruption Act, 1988 was registered against him. After facing complete trial for the charges referred above, the petitioner was acquitted by the competent court vide judgment dated 20.5.2006. The period of probation in service relating to the petitioner was extended by the respondents due to the criminal case aforesaid, therefore, on acquittal by the competent court a request was made by him to confirm his service and also to allow all other ancillary service benefits 2 such as grant of annual grade increments, fixation of pay at the relevant point in running pay scale and also for promotion to next higher post. By various representations the petitioner reminded his cause to the competent authority but of no consequence, hence this petition for writ is preferred. The contention of counsel for the petitioner is that once the petitioner has been acquitted from the charges relating to the offences punishable under Prevention of Corruption Act and the department has not initiated any disciplinary proceedings against him, then no reason survives to detain annual grade increments, promotion, fixation in the running pay scale and confirmation in service. In reply to the writ petition the stand of the respondents is that the acquittal of the petitioner has not acquired finality as a petition against acquittal has been filed before this Court and the same is pending consideration. As per the respondents increments are not given to the petitioner as he is still working on probation and as per Rule 27-A of the Rajasthan Service Rules, 1951, such an employee is not entitled for drawal of increments. Heard counsel for the parties and considered the rival contentions. 3 The petitioner at the time of initial appointment was placed on probation for a term of two years and that was extended in view of the fact that he suffered adjudication of the charges punishable under Prevention of Corruption Act, 1988. On the same count the respondents did not allow annual grade increments to him and also not made fixation at the relevant point of revised running pay scale. The case of the petitioner was also not considered for the purpose of promotion because of criminal case pending against him. After acquittal from the criminal charges an application is preferred by the State seeking leave to appeal the judgment acquitting the petitioner, however, the particulars of the petition said to be filed are not given in reply to the writ petition and it has also not been made clear whether the leave has been granted by this Court to appeal the judgment acquitting the petitioner. Be that as it may, the resultant position is that at present the petitioner is having an order of acquittal from the charges alleged in his favour. As such it is not open for the respondents to detain all benefits attached with the services. For a moment, even if it is assumed that leave to appeal has been granted, then too till alteration by the appellate court it cannot be said that the acquittal has not acquired finality. The petitioner at present suffers from no stigma on basis of which the respondents could have denied annual grade increments, consideration for promotion, 4 consideration for confirmation in service and also other ancillary benefits such as travelling allowance, dearness allowance, sanctioned leave etc. and their encashment. The stoppage of increments as well as withholding of promotion are minor penalties prescribed under Rule 14 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) and no such penalty can be imposed on a government servant till having an adverse finding as a consequent to regular disciplinary proceedings as prescribed under the Rules. The requirement to conduct disciplinary proceedings can be dispensed with only in the circumstances prescribed under Rule 19 of the Rules of 1958 and in present case no such circumstances are in existence. If the respondents be permitted to withheld promotion of the petitioner, annual grade increments and even confirmation in service, then that shall be nothing but imposition of a penalty without adhering the procedure prescribed. At the moment, the petitioner is neither facing criminal trial nor he is undergoing an inquiry as per the Rules of 1958 and as such even on interlocutory basis the respondents cannot be permitted to detain annual grade increments and consideration for promotion relating to the petitioner. In view of whatever said above, this petition for writ deserves acceptance and, therefore, 5 the same is allowed. The respondents are directed to consider case of the petitioner for grant of confirmation in service as per Rules and further to make fixation of his pay in the applicable revised pay scales by granting him all applicable annual grade increments. The respondents shall also consider case of the petitioner for promotion as Inspector Gr.I from the date other similarly situated persons were considered as such. In the event the petitioner is found suitable, promotion be accorded to him. The petitioner shall also be entitled for travelling allowance, dearness allowance and sanctioned leave, if any is detained during the period the petitioner faced criminal trial or faced suspension. The petitioner shall also be entitled for all other consequential benefits. Cost made easy. ( GOVIND MATHUR ),J. kkm/ps.