SARJU PRASAD TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sri Jagdish Singh Bisht holding brief of Sri Sharad Sharma, learned counsel for the petitioner, Sri Subhash Upadhyay, learned Standing Counsel for the State of Uttaranchal and Mrs. Beena Pandey, learned Stand ing Counsel for the State of U. P.

(2.) BY means of this writ petition, the petitioner has prayed for the following re liefs :-a- Issue a writ, order or direction in the nature of certiorari quashing the order dated 27- 01 -1998 passed by the District Magistrate, Haridwar as contained in (Annexure 8) to this writ petition. b- Issue a writ, order or direction in the nature of mandamus com manding the District Magistrate, Haridwar to release the gratuity and pension which is remained un-paid on account of this order 25% gratuity has been ordered to be deducted, c- Issue any other writ, order or di rection, as this Hon'ble Court may deem fit and proper under the circumstances of the case d- Award the cost.

(3.) A departmental inquiry was or dered to be initiated and accordingly the Inquiry Officer after conducting inquiry submitted a report to the District Mag istrate on 17th January 1997 holding pe titioner guilty of all the three charges lev elled against him. Since, no final order was passed by the District Magistrate, the petitioner preferred writ petition no. 25967 of 1997 before the Allahabad High Court and the Allahabad High Court disposed of the writ petition di recting the authorities concerned to con sider the question of payment of gratu ity of the petitioner in accordance with law without being influenced by any ob servations made in the order, after hav ing passed appropriate order in the dis ciplinary proceedings, if it is not com pleted and to complete and pass order, if not already passed. The Allahabad High Court further observed that the question of payment of gratuity shall be subject to the result of the order that might be passed in the disciplinary pro ceedings. It would be open to the re spondents to take into account the let ter dated 31-01-1997 and 10-04-1997 issued by the District Magistrate to the Board of Revenue and the letter of Board of Revenue respectively.