IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No.514 of 2010 Decided on 9.3.2010 Birbal Singh Yadav Petitioner Versus State of H.P. and another …Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner: Mr. Jagdish Thakur, vice Advocate For Respondents Mr. R.K. Bawa, Advocate General with J.K. Verma, Dy. AG. The petitioner is one who has been acquitted by the Special Court, Chamba in Corruption case No. 1 of 2001. We have gone through the judgment. Prima facie, we find that the petitioner has been acquitted in an honourable manner, though the learned Special Judge has used the expression that the petitioner has been given the benefit of doubt. On specific instruction, it is informed that the antecedents of the petitioner in service are not shady and the confidential reports would also show that the petitioner has no history of involvement in any such cases. In fact, the Reporting Officer has rated the petitioner as ‘outstanding’. It is true that the State is in appeal against the petitioner, but merely because the appeal is pending against the acquittal, in the circumstances referred to above, the petitioner should not be kept out of service. Therefore, the writ petition is admitted, with an interim direction to the respondents to consider the case of the petitioner by processing the DPC proceedings and grant the eligible benefits, however, making it clear that the same is subject to the outcome of the criminal appeal filed by the State against the petitioner. Copy Dasti. ( Justice Kurian Joseph ), Chief Justice March 9, 2010(sl/s) ( Justice R.B. Misra ), Judge