IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 11702 of 2008. Decided on: 14.06.2010. _____________________________________________________ Sudarshan Devi and another. … Petitioners. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioners : Mr. Sanjeev Bhushan, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General No.1 and 2. Mr. Varun Chandel, Advocate vice Mr. Sandeep Sharma, Assistant Solicitor General of India for respondent No.3. Rajiv Sharma, J. (Oral): Material facts necessary for adjudication of this petition are that late Shri Nathu Ram appointed as officiating Secretary to Zila Parishad, Shimla when he was working as Head Clerk in Zila Parishad, Shimla. He was permitted to officiate as Secretary, Zila Parishad, Shimla vide letter Annexure R-1, dated 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - 30th December, 1963 for the period from 5th August, 1963 to 13th September, 1963 and also from 9th November, 1963 onwards. He was appointed as Secretary vide order issued by the Financial Commissioner Development and Secretary to the Government of Punjab, Development and Panchayat Department. It appears from the record that F.I.R. was registered against deceased Nathu Ram under Section 409 of Indian Penal Code and immediately thereafter he was put under suspension. He superannuated in the year 1972. He was acquitted by the Judicial Magistrate Ist Class (II), Shimla vide judgment dated 27th November, 1978. He was a chronic patient of Asthma. He died on 8th November, 1979. However, the petitioners being the legal representatives/legal heirs of deceased Nathu Ram were not paid any retiral benefits, i.e. C.P.F., gratuity and salary with effect from 1966 to 1972. Petitioners made several representations for the redressal of their grievance. The first representation was made on 13th June, 1980 followed by representations dated 14th December, 1981, 4th September, 1995, November, 2000 and 1st October, 2004. Consequently, the Director, Department of Panchayati Raj sent communication to the District Panchayat Officer about the proceedings in the case and to intimate whether the matter has been taken up with the Accountant General, i.e. respondent No.3 or not. The case of the respondents/State, in a nutshell, is that fire broke in Kennedy House in the year 1976 and the record is not available. - 3 - 2. What emerges from the facts enumerated above is that deceased Nathu Ram was working as Head Clerk in office of Zila Parishad, Shimla prior to his appointment as officiating Secretary in the same office with effect from 5th August, 1963 to 13th September, 1963 and thereafter with effect from 9th November, 1963. F.I.R. was registered against him under Section 409 of Indian Penal Code for the offence of embezzlement. He faced trial and was acquitted on 27th November, 1978. In the meantime, he has superannuated in 1972. He remained under suspension from 1966 to 1972. It appears from the record that the judgment of the learned Judicial Magistrate Ist Class (II), Shimla dated 27th November, 1978 has attained finality. He was suspended only when the F.I.R. was registered under Section 409 of Indian Penal Code. Once he was acquitted by the trial Court and no further appeal has been filed, his suspension was required to be revoked by the respondents. 3. It was the duty of the respondent-State to trace out the record and to reconstruct the same in case the same was destroyed in fire in the year 1976. It was not for the petitioners to reconstruct the record. Mr. Sanjeev Bhushan, learned counsel for the petitioners submits that it is evident from the pleadings that late Shri Nathu Ram was contributing towards C.P.F. and was also entitled to gratuity. Moreover, neither deceased Nathu Ram nor his legal representatives, i.e. the petitioners have been paid the salary with effect from 1966 to 1972. The respondent-State has not taken - 4 - a reasonable view in the matter. Once the criminal proceedings have culminated in acquittal vide judgment dated 27th November, 1978, consequential steps for revocation of suspension and for releasing of C.P.F., gratuity and salary with effect from 1966 to 1972 were required to be taken. 4. Accordingly, in view of the observations, made hereinabove, the writ petition is allowed. The suspension shall be deemed to have been revoked after the acquittal of the petitioner. The respondents are directed to release and pay the salary of deceased Nathu Ram to the petitioners with effect from September, 1966 till the superannuation of Nathu Ram, i.e. 1972. The respondents are further directed to release and pay the C.P.F. amount and also the gratuity amount to the petitioners. This be done within a period of ten weeks from today. These amounts shall also carry interest at the rate of 9% per annum. There shall, however, be no order as to costs. (Rajiv Sharma), Judge. June 14, 2010. (sck).