-1- D.B. Civil Writ Petition No.1001/2004 Union of India & Ors. Vs. Deo Kishan Sharma & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T D.B. Civil Writ Petition No.1001 of 2004 Union of India and Others VERSUS Deo Kishan Sharma son of Shri Rewa Chand & Another Date of Judgment :::: 30th April, 2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice M.N. Bhandari Mr. V.S. Gurjar, Counsel for the Petitioners-Union of India. *** By the Court : Matter comes up on the application bearing No.9187 dated 23.02.2010 filed by the petitioners for taking legal representatives of the deceased respondent No.1-Deo Kishan Sharma son of Shri Rewa Chand on record. It is stated by the learned counsel that during the pendency of the writ petition the respondent No.1-Deo Kishan Sharma died and his six legal representatives are surviving. After considering the submissions of the counsel for the petitioners, we are of the opinion that since the respondent No.1-Deo Kishan Sharma died and his six legal -2- D.B. Civil Writ Petition No.1001/2004 Union of India & Ors. Vs. Deo Kishan Sharma & Anr. representatives are surviving, thus, they are ordered to be taken on record. The application for taking legal representatives of deceased respondent No.1 Deo Kishan Sharma is accordingly allowed. The matter was heard on merits also. Learned counsel for the petitioners submits that by the impugned order, the learned Central Administrative Tribunal allowed actual benefits of pay and allowances for the period of suspension, which started since 11.07.1974, as spent on duty with consequential benefits. Learned counsel for the petitioners further submits that the respondent No.1 late Deo Kishan Sharma had not actually discharged the duties on the post and kept under suspension, pending criminal case, therefore, LRs. of deceased are not entitled to get pay and allowances of the period of suspension. We have considered the submissions of the learned counsel for the petitioners and perused the impugned judgment of the learned Central Administrative Tribunal. It is a case whereon initiation of criminal case against late Deo Kishan Sharma, an order of suspension was passed. He remained under suspension for nearly 15- years. In the criminal case, late Deo Kishan Sharma was -3- D.B. Civil Writ Petition No.1001/2004 Union of India & Ors. Vs. Deo Kishan Sharma & Anr. finally acquitted. In view of the aforesaid, the learned Tribunal came to the conclusion that very basis for keeping late Deo Kishan Sharma under suspension become non-existent, thus, he is entitled for all consequential benefits. We do not find any error in the impugned judgment. The criminal case was the basis for placing late Deo Kishan Sharma under suspension, which ultimately resulted in the acquittal of late Deo Kishan Sharma. In view of the aforesaid, permitting full pay and allowances for the period of suspension cannot be said to be illegal. Looking to the aforesaid, we do not find any force in the writ petition. The writ petition is accordingly dismissed. (M.N. Bhandari) J. (Dalip Singh), J. Ashok/