- (1.) Heard learned counsel for the parties.
(2.) By way of the instant writ petition, the petitioner seeks a direction to the respondent Rajasthan State Road Transport Corporation (RSRTC) for payment of his dues during the period of his suspension i.e. 7.12.1993 to 28.2.2002.
(3.) Facts in brief are that the petitioner, a conductor in RSRTC, was found involved in a criminal case under Sections 3/25, 7/25 and 29 of the Arms Act. He was placed under suspension vide order Annex.1 dated 7.12.1993. He approached this Court against the said Rampal. Vs. Rajasthan State Road Transport Corp. & Ors. order, prolonged suspension and against the nonpayment of subsistence allowance by filing a writ petition no.2799/2001. The writ petition was allowed by order Annex.2 dated 27.2.2002 and the respondents were directed to mark the presence of the petitioner in the attendance register and to make payment of subsistence allowance to him. The stance of the RSRTC in the said writ petition was that the petitioner did not mark his attendance at the headquarters in pursuance of his suspension order. However, it is not disputed that neither any notice was given to the petitioner for the so-called unauthorised absence nor any disciplinary action was taken against him for the alleged misconduct. Thereafter, a significant development cropped up in as much as, the criminal case registered against the petitioner being Sessions Case No.143/03 resulted into his acquittal by judgment dated 8.12.2005 (Annex.9) and in pursuance thereof, the petitioner's suspension was revoked.;