RAM SEWAK SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Shri S.K Yadav, learned counsel for the petitioner; Shri H.R. Mishra and the learned Standing Counsel for the respondents.

(2.) COUNTER and rejoinder affidavits have been exchanged, the writ petition is being finally decided.

(3.) BRIEF facts necessary for deciding the writ petition are; the petitioner was appointed as cadre Secretary on 18/12/1976. The service conditions of the cadre Secretary are governed by Rules namely, The Uttar Pradesh Primary Agricultural Co-operative Societies Centralised service Rules, 1976 (hereinafter called the " Rules 1976 "). On certain allegations, the petitioner was placed under suspension and disciplinary proceedings were initiated against him and by an order dated 06/8/1998 the petitioner was removed from service by the District Administrative Committee (hereinafter called the "DAC"). On proof of certain charges which also included the charges of embezzlement the petitioner filed an appeal which was dismissed on 23/1/1999 by the Regional Administrative Committee. Petitioner claims to have filed a review appeal before the appellate authority when the said review appeal was pending. The petitioner filed Writ Petition No. 3700 of 2004 which was disposed of by this Court on 03/2/2004 with the observation that since the petitioner having already pursuing his alternative remedy of representation/review, the petition cannot be entertained. Subsequently, the RAC issued notice on 17/3/2004, asking the petitioner to appear before the RAC, and the RAC subsequently fixed 16/4/2004 and on that date the RAC took a decision by which the punishment of removal/dismissal was modified by punishment of stoppage of one increment with a direction to deposit certain amount and thereafter reinstatement of the petitioner without any back wages was ordered. In pursuance of the order of the RAC dated 7/7/2004 petitioner claims to have deposited the amount as directed by the RAC and then submitted a joining report before the DAC. The DAC on the joining report of the petitioner passed the impugned order dated 10/2/2005 refusing to accept the joining of the petitioner on the ground that the relevant rules having been amended by (12th Amendment) Rules, 2004 w.e.f. 30/6/2004, no order could be made by RAC dated 08/7/2004.