STATE OF UTTAR PRADESH Vs. KHUSAL SINGH PATWAL

JUDGEMENT

(1.) Sri Khusal Singh Patwal is respondent in Writ Petition No. 56 (S/B) of 2005 as well as in Writ Petition No. 336 (S/B) of 2005.

(2.) We have heard learned counsel for the State. We could not hear the learned counsel for Khusal Singh Patwal since he is not present. We deal with the matter as below:

(3.) Khusal Singh Patwal (hereinafter referred to as the respondent) was an employee of the State of Uttar Pradesh. While the respondent was such an employee, he was suspended with effect from 2.5.1986, inasmuch as, a criminal case was launched against him, where the allegation was that the respondent had murdered one Sri Surendra Dutt Chamoli, who happened to be a "Van Daroga", and as such, an employee of the State of Uttar Pradesh. During the period between 30.4.1986 and 14.7.1986 the respondent was paid subsistence allowance. He reached the age of superannutation on 30.6.1989 upon attaining the age of 58 years. On 29.7.1989, the respondent was allowed to retire with effect from 30.6.1989. The criminal case was decided on 24.10.1989, when respondent was convicted for having had murdered the said Surendra Dutt Chamoli. The respondent preferred an appeal against the order of conviction and at the same time sought for and obtained bail from the Hon"ble High Court at Allahabad. When the said appeal was pending, by an order dated 21.8.1993, the respondent was dismissed from service with effect from 2.5.1986. This order dated 21.8.1993 was called in question by the respondent before the Tribunal. By the judgment and order dated 16.10.1997, the Tribunal allowed the claim petition of the respondent, quashed the order dated 21.8.1993 with a direction upon the State of Uttar Pradesh to pay salary to the respondent until the date of superannuation of the respondent, less payment by way of subsistence allowance already made. Being aggrieved by the said judgment and order of the Tribunal, the State of Uttar Pradesh has preferred Writ Petition No. 56 (S/B) of 2005 which was originally presented in the year 1998 before the Hon"ble High Court at Allahabad (Lucknow Bench) and was registered as Writ Petition No. 46 (S/B) of 1998. After the said writ petition was transferred to this Court from Allahabad High Court, the State of Uttaranchal filed Writ Petition No. 336 (S/B) of 2005, which we treat to have been preferred also by the State of Uttar Pradesh, inasmuch as, it appears to us that the direction of the Tribunal impugned in Writ Petition No. 336 (S/B) of 2005 is against the State of Uttar Pradesh.