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Judgment
Mr. Navin Sinha, C.J.—The present writ petition arises from order dated 25.11.2011 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur.
We have heard learned counsel for the parties.
The petitioner was placed under suspension on 08.09.1989 only on account of a criminal case instituted against him. On 21.05.1998 he was honourably acquitted by the Court as the prosecution failed to prove the charges. The suspension was however revoked on 19.03.2003. The Tribunal has directed that the period from acquittal till recall of the suspension be treated as service period with entitlement for salary and allowances. The grievance of the petitioner is that the Tribunal ought to have given that direction from the date of suspension and not restricted it to the date of acquittal.
Counsel for the respondents submitted that a revision has been filed against the acquittal and therefore the Tribunal committed no error in observing that the former period would be considered after disposal of the revision application. We have considered the submissions.
The acquittal is honourable and not on benefit of doubt. The respondents have not preferred any appeal challenging the acquittal. The scope of a revision application and an appeal against acquittal are different. We are unable to sustain the order of the Tribunal. The respondents are directed to give effect to the order of the Tribunal from the initial date of suspension i.e. 08.06.1989.
The writ petition is allowed.