Rajasthan High Court
Tara Chand S/O Shri Nathua Ram vs The State Of Rajasthan on 28 November, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15282/2022
Tara Chand S/o Shri Nathua Ram, Aged About 60 Years, R/o
Village Bhadira, Tehsil Kathumar, District Alwar, the then Head
Constable No. 592, Police Line, District Alwar.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Home
Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. The Director General Of Police, Police Head Quarter, Lal
Kothi, Jaipur.
3. The Superintendent Of Police, District Alwar.
----Respondents
For Petitioner(s) : Mr. Dinesh Chand Gupta
For Respondent(s) : Mr. P.S. Naruka for
Mr. Rupin K. Kala, G.C.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
28/11/2022
The matter comes up on an application (1/2022) filed by the
petitioner seeking disposal of the writ petition in the light of the
judgment of a Division Bench of this Court dated 09.05.2012
passed in D.B. Special Appeal (Writ) No.1833/2008 titled as
State of Rajasthan & Anr. Vs. Shanker Lal Rajpurohit.
Learned counsel for the petitioner submits that the
respondents have denied benefit of leave encashment on account
of pendency of a criminal case and a Division Bench of this Court
has, in case of State of Rajasthan & Anr. (supra), held that
such benefit cannot be witheld on account of pendency of the
(2 of 2) [CW-15282/2022]
criminal case. He, therefore, prays that writ petition may be
disposed of in terms thereof.
Learned counsel for the respondents did not dispute the
aforesaid proposition.
In case of State of Rajasthan & Anr. (supra), a Division
Bench of this Court has held as under:-
"In view of aforesaid decisions, we find that the
order passed with respect to withholding of
pension and gratuity is appropriate. However, the
same shall be subject to decision of criminal
appeal. In case, the respondent is acquitted, he
may file representation to revise the order
withholding pension and gratuity. However, so far
as benefit of leave encashment is concerned, it is
directed that appellant shall release payment of
leave encashment in case it has not been
released so far. However, with respect to
regularizing the period of suspension, let the
State Government issue a show cause and
thereafter decide the questionof regularization of
period of suspension in accordance with the
provisions contained in Rule-54 of the Rajasthan
Service Rules, 1951."
In view of the aforesaid, the application deserves to be
allowed.
The application is allowed accordingly. The writ petition is
disposed of in terms of the judgment of a Division Bench of this
Court dated 09.05.2012 in case of State of Rajasthan & Anr.
(supra) which shall apply mutatis mutandis to this case also.
(MAHENDAR KUMAR GOYAL),J
CHARU SONI /25
Powered by TCPDF (www.tcpdf.org)
