KALLU SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri S.K. Shandilya, Advocate for the Petitioner as well as Ms. Beena Pandey, Standing Counsel present for the State of Uttar Pradesh.

(2.) The Petitioner had filed this writ petition with the prayer to issue a writ order or direction in the nature of Certiorari to quash the order dated 9.3.2007 passed by Respondent No. 3 whereby in a disciplinary proceeding punishment has been imposed on the Petitioner. There are other prayers as well, such as, a direction to the Respondents to release the pension and the entire post retirement benefits to the Petitioner.

(3.) We must now revert to the Petitioner's past and appreciate the facts pertaining to the present case. It so happened that while the Petitioner was working as a store keeper in the Irrigation Department of the erstwhile State of Uttar Pradesh and was posted at Upper Ganga Canal Modernization Division-III, Roorkee, Haridwar in the year 1990, a disciplinary proceeding was initiated against him, during which he remained suspended as well. Broadly, the charges against him were of cheating, forgery, etc. and for causing financial loss to the Department. An FIR to this effect was also lodged by the Department against the Petitioner on 28.7.1990. From the record, it appears that the Petitioner was initially convicted by the trial court vide order dated 27.9.2002 but in appeal the judgment of the trial court was set aside and the appeal of the Petitioner was allowed and he was acquitted of all the charges vide order dated 17.12.2003. Subsequently, the State filed a belated appeal against acquittal which was dismissed on grounds of limitation. This Court has been further informed that the State thereafter filed a Special Leave Petition before the Hon'ble Apex Court in which leave has not been granted to the State and the petition has been dismissed.