MEWA LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Petitioner was a Lekhpal and he was subjected to a criminal trial and disciplinary proceedings in respect of a revenue transaction. The Petitioner was punished vide order dated 25.11.2005 by the Sub-Divisional Magistrate, Manjhanpur, Kaushambi. The punishment order records that subject to the outcome of the criminal trial the Petitioner can still be proceeded against in departmental proceedings. Secondly the payment of salary for the period as indicated therein shall be subject to any further order being passed in the criminal trial or in the departmental proceedings if conducted. The Petitioner was allowed to continue and receive salary with effect from 3rd October, 2005 onwards.

(3.) An appeal was filed by the State of U.P. before the Collector questioning the said order dated 25th November, 2005 and the same has been allowed by the Collector vide order dated 15.2.2008. By the said appellate order the Petitioner has been dismissed from his initial post and recovery has been ordered with regard to the salary for the period as referred to therein which subject to further orders being passed in the criminal trial.