Veerender Singh Siradhana, J. - (1.) Services of the petitioner were terminated vide impugned order dated 31st August, 2005, for his conviction recorded by the Court of Additional Sessions Judge, Fast Track, Alwar, in Sessions Case Number 19/2001 (27/2000) (85/2000), despite pending appeal before the High Court and sentence suspended; hence, the petitioner instituted the present writ application praying for the following relief(s): - "(i) Issue an appropriate, writ, order or direction thereby the order dated 31.8.2005 (Annexure -1) dismissing the petitioner from service may kindly be declared as illegal, arbitrary and unconstitutional and the same may kindly be quashed and set aside; (ii) Issue an appropriate writ, order or direction thereby directing the non -petitioners to reinstate the petitioner in service and place his status as it was before his conviction; (iii) Issue an appropriate writ, order or direction thereby declaring that the petitioner is entitled to receive suspension allowance in accordance with the rules i.e. 50% up to the March 2001 and 75% thereafter till date and also for the payment of the arrears of suspension allowance; (iv) to issue an appropriate writ, order or direction directing the respondents to sanction provisional pension to the petitioner, in case the writ petition is not decided till retirement of the petitioner on attaining the age of superannuation; (v) Any other appropriate writ, order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner with costs and compensation."
(2.) Briefly, the indispensable skeletal material facts necessary for adjudication of the controversy raised herein are that the petitioner's daughter -in -law committed suicide leading to registration of First Information Report Number 236/2000, for offence under Sec. 498 -A and 304 -B of IPC. During the course of the investigation, the petitioner was placed under suspension for his arrest for more than 48 hours, in exercise of powers conferred under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958'), vide letter dated 25th January, 2001. A departmental inquiry was initiated under Rule 16 of the Rules of 1958. In view of the conviction recorded by the jurisdictional Court holding the petitioner guilty of offence under Sec. 304 -B of IPC, and sentenced him to imprisonment for 10 years rigorous imprisonment as well as for offence under Sec. 498 -A of IPC and sentenced him to imprisonment for 3 years rigorous imprisonment and a fine of Rs. 5,000/ -. In the event of default of payment of fine, to further undergo 6 months rigorous imprisonment in addition. It is pleaded case of the petitioner that an appeal was preferred challenging the conviction and sentence recorded by the jurisdictional Court was suspended in S.B. Criminal Appeal No. 764 of 2002 (Panni Lal v/s. State), vide order dated 13th January, 2003, yet the State -respondents terminated his services vide impugned order dated 31st August, 2005. Be that as it may, the petitioner's conviction was also stayed by the High Court in S.B. Criminal Misc. Stay Application Number 1645 of 2005, vide order dated 28th November, 2005, and therefore, the petitioner is entitled to relief as prayed for in the instant writ application.
(3.) Learned counsel for the petitioner, Mr. Himanshu Jain, reiterating the pleaded facts and grounds of the writ application, emphatically argued that while suspending the conviction of the petitioner vide order dated 28th November, 2005, the High Court took note of the law declared by the Hon'ble Supreme Court in the case of Smt. Akhtari Bi v/s. State of M.P.: : JT 2001 (4) SC 40; Ram Narang v/s. Ramesh Narang: : (1995) 2 SCC 513; and in the case of Kanhaiya v/s. The State of Rajasthan:, 2001 (3) WLC (Raj.) 411; by the Division Bench of this Court. Therefore, as a consequence of stay of conviction, the petitioner is entitled for the relief of his terminal benefits as he has retired on 30th June, 2007, attaining the age of superannuation.;