V K TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Jain, J. Sri V. K. Tewari, the petitioner herein, was appointed Executive Officer, Municipal Board, Auraiya. He worked on that post with effect from 1-12-1956 to 16-3-1963. Thereafter he was appointed as Executive Officer, Municipal Board, Farrukhabad with effect from 17-9-1963. He was absorbed in U. P. Local Bodies Centralized Services in. its constitution with effect from 9-7-1966. Thereafter he remained posted as Executive Officer in various Municipal Boards and Corporations of the State. He was promoted as Up Nagar Adhikari and posted in the Nagar Mahapaliks, Varanasi. After serving there for three years, he served for another three years as Up Nagar Adhikari, Nagar Mahapalika, Allahabad. In July 1982 ha was transferred as Executive Officer, Nagar Palika, Moradabad. This post carried the same pay scale as that of Up Nagar Adhikari. He had become due for promotion to the selection grade of Rs. 3700-5000. Rut as the luck would have it, vide order dated 8-1-1986 the State Government placed him under suspension on account of his allegedly having committed irregularities during his tenure at Jaunpur in the purchase of Maxphalt (Coaltar) and other matters. The petitioners hied Writ Petition No. 2024 of 1986 at Lucknow Bench in the month of March, 1986 seeking following reliefs : (i) quashment of the suspension order and the charge-sheet; (ii) to allow him to continue in his post ; and (iii) forbidding the respondents to take disciplinary proceedings against him. Said writ petition after exchange of affidavits and contest was dismissed vide order dated 13-9-1989 (Annexure 13) which reads as under: " (1) If no charge-sheet was served upon the petitioner the impugned order of suspension shall stand revoked. (2) If the charge-sheet was served upon the petitioner but the enquiry was not concluded despite the petitioner having filed his reply and cooperated in the enquiry the impugned order of suspension shall stand revoked. (3) If the disciplinary enquiry has been concluded and final order has been passed therein the order of suspension shall merge in the final order. (4) If the petitioner has not filed reply to the charge-sheet or the proceedings have not been concluded because of failure of the petitioner to cooperate, the writ petition shall stand dismissed and the stay order shall stand vacated. "

(2.) IN the meanwhile vide order dated 27-6-1988 the petitioner was re instated pending enquiry. He joined on 30-6-1988 as Executive Officer, Nagarpalika, Moradabad.

(3.) THE petitioner filed another writ Petition bearing No. 17035 of 1990 seeking the following reliefs : (i) quashment of the disciplinary proceedings ; (ii) payment of salary w. e. f. 1-7-1998 onwards ; (iii) payment of the balance of salary for the suspension period; and (iv) grant of all benefits in the matter of promotion and higher pay In the above writ petition an interim order was passed on 24-7-1990 directing the Director, Local Bodies, Lucknow to complete the disciplinary proceedings within three months. This writ petition is still pending.