(1.) By this writ petition, the petitioner has prayed for a direction in the nature of certiorari quashing the order dated 12.5.1989/ 1.6.1989 (Annexure-1) whereby the petitioner has been dismissed from service and amount of Rs. 2,21,671.37 was directed to be recovered from the petitioner and to quash the recovery certificate issued on the basis of the same (Annexure-4). Heard Sri Ashok Khare, learned senior advocate assisted by Sri P. N. Roy and Sri S. D. Shukla, learned counsel for the petitioner as well as learned standing counsel for the respondents.
(2.) The brief facts necessary for adjudication of the case are that the petitioner was a member of Subordinate Agriculture Services, Group II (Development) and his appointment was made with the approval of U. P. Public Service Commission in short called 'Commission' and was working as 'Buffer Godown Inspector' posted at Basti under the District Agricultural Officer, the respondent No. 3. The petitioner was served a charge-sheet on 22.2.1975 and supplementary charge-sheet on 15.3.1978. On the basis of report of the inquiry officer the petitioner was dismissed from service on 16.10.1980, which was challenged before the U. P. Public Service Tribunal, where dismissal order was set aside on 1.3.1982. Being dissatisfied the respondents, approached this Court and this Court had been pleased to remand the case to the Tribunal to decide the case on merits. In compliance thereto, learned Tribunal reconsidered the matter and quashed the dismissal by its order dated 20.12.1984 and also directed that the amount not recoverable from the petitioner. In compliance to the above order the petitioner was reinstated with arrears of back wages.
(3.) It appears another attempt was made by the department to initiate departmental inquiry by appointing the Project Officer, (Agricultural) Basti, an inquiry officer to make departmental inquiry under the classification, control and appeal rules as applicable for U. P. Civil Service and a fresh charge-sheet dated 31.1.1986 was served to the petitioner (on 7.2.1986 comprising of the same and identical charges as mentioned in the earlier charge-sheet) placing him under suspension. The petitioner filed Writ Petition No. 13151 of 1986 before this Court and the suspension of the petitioner was stayed on 22.10.1986. The Writ Petition No. 13151 of 1986 filed by the petitioner was withdrawn as the petitioner was reinstated on 10.11.1986. The petitioner had been working thereafter continued to work in Basti till 23.7.1986 after that he was transferred to district Ballia, where he was served a dismissal order on 12.5.1989/1.6.1989 (Annexure-1) which indicates that :
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