1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No.404/2010 Rajasthan Khadi @ Gramodyog Board & Anr. vs. Sajjan Singh Rajawat Date of order :: 09.8.2010. HON'BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. A.K. Bajpai for appellants. Mr. Shiv Kumar for respondent. *** This appeal is directed against the order passed by learned single Judge dated 30.10.2009 by which the writ petition filed by the respondent- writ petitioner was allowed and order of his removal from service passed in disciplinary proceedings was set aside with direction to the appellants to reinstate him in service with notional fixation of pay and all other consequential benefits with 50% arrears towards salary (pay & allowances) from the date of his reinstatement in service. The matter was heard for some time, but ultimately when the Court was of the view that liberty could be granted to the appellants to hold a de-novo enquiry against the respondent, learned counsel for the respondent on instructions from his client submitted that his client is agreeable to forgo the back-wages in case he is granted actual benefits as directed by learned single Judge at least from the date on which the period 2 of three months expires counting from the date of judgement i.e. 30.10.2009. Learned counsel for the appellants did not object to this order being passed and therefore on the consensus arrived at between the parties, this appeal is disposed of accordingly. The judgement of learned Single Judge dated 30.10.2009 is upheld with the modification that part of the judgement by which 50% of back wages/arrears towards salary (pay and allowances) etc. was directed to be paid, is set aside. However, it is observed that the petitioner would be entitled to notionally arrived at actual benefits from the date on which the period of three months, as referred to above, expires. He would however be deemed to have throughout continued in service for all other purposes. The appeal is accordingly disposed of. (MOHAMMAD RAFIQ), J. (JAGDISH BHALLA),CJ. RS/-