Mrs. Indira Bhatnagar vs State of Rajasthan and Others

We may at the very out set state that the learned Additional Government Advocate, Mr. N L. Pareek, had requested and also tried to persuade this Court for grant of time to file reply but as sufficient time has already been given to the learned Additional Government Advocate to file reply and that apart looking to the nature of controversy, filing of the reply is hardly going to make any difference in the ultimate decision of the case, we, therefore, do not grant any more time to the Additional Government Advocate to file reply and proceed to dispose of this petition.

Late Shri Raghunandan Lal Bhatnagar was posted as Office Superintendent in the Office of the Chief Medical and Health Officer, M.B.S. Hospital, Kota. It appears that while he was working as such a trap was laid on 18th Dec, 1973, by the Additional Superintendent of Police, Anti-Corruption Department, Kota and a sum of Rs. 50/- said to be the tainted money, recovered from the possession of Late Shri Bhatnagar. A case u/s 161, IPC as well as u/s 5(1)(d)(2) of the Prevention of Corruption Act, 1947, was registered against Late Shri Raghunandan Lal Bhatnagar, and he was arrested on December 18, 1973. He was tried by the learned Special Judge, ACD Cases, Jaipur under his judgment dated October 22, 1977, the Judge found Late Shri Ragbunandan Lal Bhatnagar guilty u/s 161, IPC as well as u/s 5(1) (d) (2) of the Prevention of Corruption Act, 1947. The said Bhatnagar was sentenced to various imprisonments He filed an appeal against the aforesaid judgment and learned Single Judge of this Court under judgment dated September 14, 1988 in S. B. Criminal Appeal No. 362/1977 allowed the appeal, set aside the judgment of the learned Special Judge, A.C.D. Cases, Jaipur and acquitted the accused Shri Bhatnagar honourably. The court said:

So, this all is a concocted story that Labhchand wanted to avail privilege leave, and for that purpose, his service-book was to be completed.... So it is clear that the file was planted there by some one, with some ulterior motive, and recovery thereof was made in presence of Akhilchand PW 5, the establishment-clerk.

The Court further said:

In the result, this appeal is accepted. The accused-appellant having not been found guilty either of offence u/s 161, IPC or u/s 5(1)(d)(2) of the Prevention of Corruption Act, is here by acquitted of the said charges.

It is clear from the aforesaid judgment of this Court that the entire case against the deceased Shri Raghunandan Lal Bhatnagar was found to be concocted and false.

No appeal was taken to the Supreme Court and thus, the judgment of this Court has become final. Shri Bhatnagar was not found guilty of the offence of which he was charged. It may be stated that Shri Bhatnagar remained under suspension upto August 1, 1982 He reached the age of superannuation on August 1,1982 and, therefore, shall be deemed to have been retired on that date. The law is settled that if in a criminal trial a Government Servant is acquitted, he is entitled for re-instatement unless the Government decides to initiate disciplinary proceedings against him. Thus, he was entitled for the reinstatement and back wages and promotion etc. which may be available to him, had he not been suspended, had he not been tried. Shri Bhatnagar after the judgment of this Court acquitting him filed an application on December 26, 1988 to the Director, Medical & Health Services, Jaipur for giving him arrears of salary for the period from December 18, 1973 till August 1, 1982, for promotions and increments and pay fixations admissible during the aforesaid period with consequential benefits; pension as computed as per law considering increments, promotions and pay fixations, arrears of pension so computed, gratuity amount, leave encashment if any and also claimed interest, but no orders were made. Thereafter he died.

The petitioner is a widow having two adult daughters of marriagable age. She sent a demand notice but to no effect.

We are of the opinion that when once late Shri Bhatnagar had been acquitted by this Court, he was entitled for arrears of salary during the period from December 18, 1973 till August 1, 1982 when he reached the age of superannuation. He was entitled to all consequential benefits of promotion etc. He was also entitled for pension, gratuity and encashment of leave and other benefits including fixation of pay under the Revised Pay Scale Rules from time to time. After the death of Shri Bhatnagar, the petitioner is entitled for family pension according to the rules.

We, here by allow this writ petition and direct the non-petitioners to pay all sums due to Late Shri Raghunandan Lal Bhatnagar to the petitioner on her furnishing a succession certificate. The petitioner shall be entitled to all the arrears of salary which may be due to Shri Bhatnagar. Not only the salary he was drawing but also the salary which was payable to him after fixation under different pay scale Rules as well as the promotion for which his case should be considered as and when persons junior to him were considered and if found suitable, he should be given all consequential benefits. We also direct the non-petitioners to finalise the case of pension, of Late Shri Bhatanagar and to pay all the arrears to the petitioner after her furnishing the succession certificate as aforesaid.

We also direct the non-petitioners to finalise the case of family pension of the petitioner according to the rules. She will also be entitled to gratuity etc. which are available to a retired Government Servant. The case of the petitioner for sums due as well as for family pension be finalised as soon as it is possible but not later than six months.

Costs made easy.