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TMI Blog1984 (3) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... r six months and to pay a fine of ₹ 500 or in default of payment of fine further Rigorous Imprisonment for three months. Against this decision of the Judicial Magistrate, First Class at Shevgaon, petitioner preferred an appeal to the Sessions Court at Ahmadnagar. The Sessions Court set aside the order of conviction and sentence and remanded the matter for retrial. This remand order was challenged by the petitioner before this Court in revision petition. The High Court vide its order dated 28th July 1976 set aside the order of the Sessions Court and acquitted the petitioner of the charge levelled against him. Thereafter by taking recourse to Rule 152 of the Bombay Civil Services Rules, the Chief Executive Officer of the Zilla Parishad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Criminal Revision Application No. 138 of 1976, it is quite clear that the petitioner was acquitted since the prosecution had Tailed to lead evidence to establish the guilt. In this context a reference could usefully be made to the observations of this Court in paras 12 and 13 of the said judgment which read as under: 12. Bearing in mind these principles, in the present case, it is apparent that the prosecution had failed to lead the evidence of Shri More and the Block Development Officer. It had not bothered to produce the stock book. The entry in the cash book clearly indicated that the cash amount had been expended for the purchase of seeds. That entry shows that instead of there being cash in hand, the cash was converted into goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner is plausible and consistent with the entry in the cash book. In my view, the petitioner is entitled to the benefit of doubt, since the prosecution has failed to prove the case beyond a reasonable doubt. The last sentence that the prosecution has failed to prove the case beyond a reasonable doubt cannot be read in isolation but will have to be read with the infirmities pointed out by the learned Judge in the earlier paras The learned Judge further observed that the explanation given by the petitioner is plausible and consistent with the entry in the cash book. Thus it was an acquittal on merits and not by giving benefit of doubt to the petitioner. Further as held by this Court in Madhukar Dhole's case the concept of honoura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a criminal charge or who is detained under any law providing for preventing detention should be considered as under suspension for any periods, during which he is detained in custody, or is undergoing imprisonment. The second part is very material. It confers a right upon the Government servant for adjustment of his allowance for such periods of suspension according to circumstances of the case, the full amount being given in the event of the officer being acquitted of blame . Under this provision, therefore, what the State Government had to consider was whether the petitioner had been acquitted of blame and considerations whether there had been a fail exoneration or not would be thoroughly irrelevant. Even when he was acquitted on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal enquiry against a Government servant for a neglect of duty or misconduct in respect of which the Government servant could be fully exonerated and in respect of which the suspension could be decided upon to be either wholly unjustified or otherwise. Concept of 'honourable acquittal' or 'full exoneration' may be inappropriate qua the result of a criminal prosecution, in any view of the matter, there cannot be any doubt that the petitioner's case would be governed by the special provisions of Rule 156(a). 3. In the present case, admittedly, no independent departmental inquiry was held against the petitioner nor he was removed or dismissed from service as a result of the departmental inquiry. On the other hand after h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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