R.K. Dash, J. - (1.) Heard Sri K. S. Rathore, learned counsel for the petitioner and Sri Rakesh Tiwari, learned counsel for the respondent Nos. 1 to 3.
(2.) On the consent of counsel for the parties, the writ petition is taken up for final disposal at the stage of admission. The petitioner while serving as cashier/clerk in the State Bank of Patiala, Chowk area, Allahabad was placed under suspension by order dated June 17, 1995 (Annexure-1) since he was involved in a criminal case and remained in jail being arrested by the police. The criminal case ended in acquittal by a judgment and order dated 16.9.1995 (Annexure-2) and thereupon, the order of suspension was revoked and the petitioner joined his service on 20.2.1995. The total period of suspension was 145 days. The petitioner then made a representation to treat the whole period of suspension as duty, on receiving which the Managing Director of the State Bank of Patiala Informed the petitioner to apply for leave for the aforesaid period. The aforesaid factual position stands admitted by the counsel appearing for both the parties.
(3.) Learned counsel for the petitioner referring to Regulation 46 (2) (b) of the Reserve Bank of India (Staff) Regulation, 1948, as set out in the rejoinder-affidavit submits that in view of the acquittal of the petitioner, the whole period of suspension should be treated as duty and full pay and allowance should be paid to the petitioner since he was acquitted of the charge.;