Jaipur Vidyut Vitran Nigam Ltd.& Ors vs Nathu Ram

4. The facts leading to the filing of this appeal may be narrated as follows:

5. Nathu Ram, the respondent, was appointed as a casual labour in the erstwhile Rajasthan State Electricity Board and was subsequently regularized on the post of Helper Grade II. On 19th of September, 1979, the Respondent was allegedly caught accepting bribe by the Anti Corruption Bureau, as a result of which he was suspended from service by an order dated 30th of November, 1979. On 22nd of December, 1982, the learned Special Judge, Anti-Corruption cases, Jaipur held that the respondent was guilty of offences under Section 161 of The Indian Penal Code and under Section 5(1)(d) read with Section 5(2) of Anti Corruption Act, 1947 and sentenced him to one year rigorous imprisonment with a fine of Rs.300/- for each of the said offence. An appeal was carried by the respondent to the High Court of Rajasthan at Jaipur challenging the aforesaid conviction passed against him. In view of the conviction passed against him, the Corporation terminated his service by an order dated 28th of December, 1982. By an order dated 15th of December, 1997, the High Court acquitted the respondent of the charges leveled against him. The Corporation, by virtue of this order of acquittal, reinstated the 4 respondent in service w.e.f. 15th of December, 1997, i.e. the date of the acquittal and posted him in the office of Assistant Engineer (Rural), Rajasthan State Electricity Board, Kunda Ki Dhani by an order dated 2nd of June, 1998. The respondent was given full pay and allowances for the period of suspension, i.e. from 30th of November 1979 to 28th of December, 1982 and from 15th of December, 1997 till his joining the duty. From the above, it is clear that there was a break of 15 years in his service. On 3rd of June, 1998, the Respondent joined the service in the Corporation. He, however, retired on 31st of May, 2003. After retirement, he filed a writ petition being SB CWP No. 6440 of 2003 in the High Court of Rajasthan at Jaipur in which, inter alia, the following reliefs were claimed by the respondent :-

Such an order should also state that under Regulation No. 9 of the RSEB (CC & A) Regulations 1962, the Board's employee is deemed to be under suspension with effect from the date of the dismissa1/remova1/compulsory retirement (A Standard Form-II is enclosed).

In case where neither of the aforesaid course is allowed, a formal order should be made setting aside the previous orders of dismissal, removal and compulsory retirement and reinstating him in service (A Standard Form No. III for such an order is enclosed).

The period between the date of dismissal etc. and the date on which he resumes duty should be dealt with under Regulation No. 41 of the Rajasthan State Electricity Board Employees Service Regulations and in doing so he should be deemed to be entitled to full pay and allowances for the period from the date of his acquittal to the date of his reinstatement, such period being counted for duty for all purposes and for the period from the date of dismissal to the date of acquittal, he should not be allowed pay and allowances less than what would have been admissible to him had be remained under suspension.

While issuing orders for dismissal, it should be borne in mind that the order is issued by the authority competent to inflict major penalty against that person."

2. Where such competent authority holds that the employee has been fully exonerated or in the case of suspension that it was wholly unjustified, the employee shall be given the full pay and dearness allowance to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be."

12. In view of our discussions made hereinabove and considering the Circular dated 3rd of September, 1975, we do not find any merit in this appeal. No other point was urged by the learned counsel for the 17 Corporation before us. Accordingly, this appeal fails and dismissed. There will be no order as to costs.