1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.4347/2006 (Chandra Shekhar Vs. State of Raj. & Ors.) Date of order : 15.7.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Vinod Choudhary on behalf of Mr. Harish Purohit, for the petitioner. Mr. Arjun Singh Rathore, Dy. Govt. Counsel. Heard learned counsel for the parties. In this case, the petitioner is challenging the impugned communication dated 5.4.2006 Annexure-4 by which the petitioner was denied his retiral benefits on the ground that against his acquittal in a criminal case, a leave to appeal was filed by the State and that appeal was admitted and pending before this Court. I am strange that when the petitioner was acquitted from the criminal charges by the competent 2 trial court then obviously after acquittal the petitioner is entitled for all consequential benefits. The respondents cannot deny the retiral benefits to the petitioner on the ground that appeal against the acquittal has been filed by the State, which has been admitted by this Court. In this view of the matter, I see no force in the communication dated 5.4.2006 Annexure-4 whereby the petitioner has been denied all the retiral benefits even after his acquittal by the competent Court. Accordingly, this writ petition is allowed. The communication dated 5.4.2006 Annexure-4 is hereby set aside. The respondents are directed to release all the retiral benefits to the petitioner. (GOPAL KRISHAN VYAS), J. arun