(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief:-
(2.) It is submitted by the counsel for the petitioner that because of registration of an offence under Section 354 of IPC, he was placed under suspension by order dated 06.01.2016. Thereafter, by judgment dated 27.09.2016, the petitioner was acquitted of the charge under Section 354 of IPC. After his acquittal, he filed an application for payment of the outstanding salary for the period of his suspension. However, by the impugned order 09.05.2019 the respondents have rejected the prayer on the ground that since the matter was compromised out of the Court as a result of which the prosecution did not examine any other witnesses and therefore, the petitioner was acquitted by the trial Court by giving an advantage of benefit of doubt. Accordingly, it was held that the petitioner would be entitled for suspension allowance only for the period of suspension.
(3.) It is submitted by the counsel for the petitioner that as per Fundamental Rules 54 and 54-A, the petitioner is entitled for the Salary for the period of his suspension.