DAYA SHANKAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner Daya Shanker Mishra has preferred this writ petition to issue a writ, order or direction in the nature of certiorari to quash/set aside the judgment/order dated 08.03.2016 passed by the respondent no.2, the State Public Services Tribunal and also to issue a writ, order or direction in the nature of certiorari to quash/set aside the punishment order dated 21.08.2001 along with the orders dated 07.02.2002 and 30.12.2013 passed on the appeal and the review representation.

(2.) The facts of this writ petition in narrow compass are enumerated as follows:

(3.) Heard the learned counsel for both the parties and carefully studied the file. The main argument of the counsel for the petitioner is that; since the petitioner has been acquitted in the Criminal Case No.1859 of 2005 (State v. Daya Shankar Mishra) arising out of Case Crime No.22 of 1999, under Sections 409, 467, 468 and 420 I.P.C., Police Station Chandauli, District Chandauli by the court of the Chief Judicial Magistrate, District Chandauli vide its judgment and order dated 06.09.2005 and more so, it's Criminal Appeal No.01/2011 has been dismissed by the court of the learned Sessions Judge, District Chanduli by it's order dated 02.06.2011, the impugned order dated 21.08.2001, reverting the petitioner to the post of the Junior Clerk in the pay scale of Rs.3050 -75 -4590 and awarding censure entry and the appellate order dated 06.02.2002 are liable to be quashed.