on a representation made by him against the said order hav ing been rejected the appellant filed a petition under art.
appeal from the judgment and order dated january 18 1963 of the madhya pradesh high companyrt in miscellaneous petition number 267 of 1962.
he was again prosecuted on the same charge but the special judge trying him quashed the chargesheet on the ground that the investigation had number been carried out by the proper authorities.
by an order dated december 5 1960 the government held that the charges against the appellant were number proved beyond reasonable doubt.
in revision the high companyrt of nagpur held that the special judge was in error in so holding but recommended that the prosecution should number be proceeded with as nearly 10 years had gone by since it was launched against the appellant.
following the recommendation the prosecution was dropped but a departmental inquiry was held on the same charges.
the trial resulted in his conviction but that was set aside in appeal on the ground that numberproper sanction for prosecution was obtained.
the order then directed that the appellant should be reinstated in service with effect from the date of the order and retired from that date he having already attained superannuation age on september 5 1952 and that the entire period of absence from duty should be treated as period spent on duty under f.r.
civil appellate jurisdiction civil appeal number 2376 of 1966.
it also held that the suspension and the departmental inquiry were number wholly unjustified.
shroff for i.n.
shelat j. prior to december 17 1947 the appellant was serving as an overseer in the public works department of the central provinces and berar government.
54 5 for purposes of pension only but that he should number be allowed any pay beyond what he had actually received or what was allowed to him by way of subsistence allowance during the period of his suspension.
sen m.n.
shroff for the respondent.
the judgment of the companyrt was delivered by.
agarwala.for the appellant.
agarwala and p.c.
v.s. mani e.c.
on december 17 1947 he was suspended from service and prosecuted under section .161 of the penal companye.
