JALALUDDIN ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the instant writ petition under Article 226 of the Constitution of India, the petitioner has sought for a writ in the nature of certiorari quashing the order of dismissal dated 8.11.1995 and writ in the nature of mandamus commanding the opposite parties not to give effect to the impugned order and reinstate the petitioner in service with effect from 8.11.1995, pay him salary and all other consequential benefits together with 12 per cent interest.

(2.) Brief facts leading to filing of instant writ petition are that the petitioner was posted as Assistant Agricultural Inspector at Tarabganj, District Gonda in the year 1984 and he was on sanctioned leave with effect from 14.10.1984 till 21.10.1984. In the meantime, the petitioner was attached to the office and one Kameshwar Singh posted at his place who took charge of godown where fertilizer was stored. In the absence of the petitioner stock was checked and found short and an FIR was lodged against the petitioner and criminal proceedings were initiated. The departmental proceedings were initiated on the ground of alleged embezzlement and the petitioner was placed under suspension by opposite party no.2. The petitioner filed writ petition no.3549 (SS) of 1986 which was finally disposed of vide order dated 2.6.1986 to the following effect:-

(3.) Subsequently charge sheet was submitted by opposite party no.2 on 7.1.1986 to which reply was submitted by the petitioner on 8.8.1988, but the same was not considered by the opposite parties and a show cause notice was issued to the petitioner by which the alleged amount of embezzlement was increased from Rs.2,64,656.21 paise to Rs.3,29,998.99 paise, contained in Annexure No.13 to the writ petition. A supplementary charge sheet dated 29.09.1989 was also served upon the petitioner. The petitioner filed a writ petition, in which following order was passed on 19.11.1993:-