1 2025:CGHC:40328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4289 of 2021  Anupam Tiwari S/o Shri L. P. Tiwari Aged About 57 Years S.D.M. Pamgarh, District Janjgir Champa, Chhattisgrh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhavan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. Collector District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Bennoon, Advocate For State : Ms. Shailja Shukla, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11. 08.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondents to pass appropriate order regarding his suspension period and recalculate the salary payable to petitioner from year 1996. 10.2 That the Hon’ble Court may kindly be pleased to direct the respondent to immediately pay the arears of salary to petitioner along with suitable interest. 10.3 That, any other relief / order which may deem fit and just in the fact and circumstances of the case including award of the cost of the petition may be given.” 2. Learned counsel for the petitioner would submit that the petitioner was SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.08.13 10:15:04 +0530 2 appointed to the post of Naib Tahsildar in the year 1992 and was promoted to the post of Tahsildar in the year 2007. He would further submit that thereafter he was promoted to the post of Deputy Collector vide order dated 05.11.2014 and to the post of Joint Collector vide order dated 07.03.2020. He would also submit that a case for the commission of an offence punishable under Sections 7 & 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act was registered against him and he was placed under suspension vide order dated 05.08.1997. He would contend that the petitioner was acquitted by the learned Special Judge (1st ASJ), Bilaspur, vide judgment dated 31.01.2000. He would further contend that the suspension of the petitioner was revoked vide order dated 23.05.2000. He would also contend that an appeal for acquittal was preferred before the High Court, and it was dismissed. He would argue that the claim of the petitioner with regard to arrears of salary of the suspension period has not been decided yet by the respondent authorities. He would further argue that no departmental enquiry was initiated against the petitioner, and he was placed under suspension on account of the registration of an FIR. It is stated that as the petitioner has already been acquitted, the authorities concerned are under an obligation to make payment of arrears of salary of the suspension period to the petitioner with all consequential benefits. 3. On the other hand, Ms. Shailja Shukla, Dy. Government Advocate appearing for the State would oppose. She would submit that a criminal case for the commission of an offence punishable under Sections 7 & 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act was registered against the petitioner. She would further submit that later on, the petitioner was acquitted, but the order of acquittal would not entitle the 3 petitioner to get arrears of salary and other benefits of the suspension period. She would contend that the instant petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on the record. 5. Admittedly, the petitioner was placed under suspension on account of the registration of a criminal case for the commission of an offence punishable under Sections 7 & 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act and later on, he was acquitted of the said charges vide judgment dated 31.01.2000. No Departmental Enquiry was initiated against the petitioner. As the petitioner has already been acquitted by the competent Court, the authorities concerned should decide the claim of the petitioner with regard to arrears of salary and other benefits of the suspension period. Accordingly, this petition, at this stage, is disposed of, reserving liberty in favour of the petitioner to make a representation before respondent No. 1 within a period of 30 days, and in turn, the authority concerned is directed to decide it strictly in accordance with the law within a further period of 90 days. 6. With the aforesaid observation(s) and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant