BAL MUKUND TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioner before this Court has been directed under the impugned order to make good the loss to the public exchequer as he has been paid salary as a Head Clerk in the Institution for the period between 1984 and 2006 and in that respect the recovery has been ordered under the impugned order.

(3.) The facts of the case are that the petitioner, who was working as Head Clerk in the Institution, moved an application to the Management for necessary sanction to permit him to work as an Extra Departmental Agent with the Post Office in his village. The application was forwarded by the Principal of the Institution with a counter signature of the Manager on 20.01.1984 to the District Inspector of Schools (hereinafter to be referred as 'DIOS') for necessary sanction. The application bears the signature of Assistant DIOS, Deoria which was treated as sanctioned by the DIOS and accordingly, the petitioner was appointed as an Extra Departmental Agent with the post office in his village. His continuance as Extra Departmental Agent was not questioned for a long time, however, vide order dated 19.02.2005, he was placed under suspension on the ground that he could not function both as Head Clerk in the Institution as well as Extra Departmental Agent with the Post Office at the same time. The suspension order dated 19.02.2005 was challenged by the petitioner before this Court vide Writ Petition No. 31091 of 2005, wherein, this Court passed the order staying the order of suspension, however, the Authorized Controller was permitted to proceed with the inquiry and to bring it to its logical end.