(1.) Petitioner, member of the Provincial Civil Services (in short referred as PCS) had preferred the present writ petition under Article 226 of the Constitution of India against the impugned order by which representation submitted by the petitioner with regard to voluntary retirement under Fundamental Rule 56 has been rejected by the Principal Secretary of the State Government.
(2.) The brief facts given rise to the present controversy is discussed hereinafter. The petitioner after joining the PCS rendered about 31 years of service. He published three poetry books namely In the year 2005, he published a book with regard to Ram janm bhumi/babri mazjid dispute titled as "m $ sj? *R In December 2006, the petitioner published another literary work with the title. The publication of the book placed the petitioner's service career in jeopardy and he was suspended by the Government by an order dated 12.2.2008 in contemplation of departmental enquiry for misconduct. The order of suspension was passed on the ground that petitioner had committed misconduct under Rule 6 of the U.P. Government Servant Conduct Rule 1956 (in short 1956 Rules) readwith U.P. Government Servant (Discipline and Appeal) Rule 1999 (in short Rule 1999).
(3.) The order of suspension was subject matter of dispute before this Court in a Writ Petition No. 256 (SB) of 2008. A Division Bench of this Court by an order dated 14.3.2008 had stayed the order of suspension on the ground that allegation contained therein prima facie, does not constitute misconduct under Rule 6 of the 1956 Rule and also prima facie, it infringe the petitioner's fundamental right conferred by Article 19(1) (a) of the Constitution of India.
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