STATE OF U.P. Vs. LAXMI KANT SINGH

JUDGEMENT

(1.) Heard Sri Manjive Shukla learned Additional Chief Standing Counsel for the appellant and Sri Manish Mishra learned counsel for the sole respondent.

(2.) This Special Appeal has been filed against the judgment and order dated 28.8.2017 passed in Writ Petition No.1353 (S/S) of 2010 whereby the Writ Petition has been allowed and the order impugned therein dated 22.2.2010 directing recovery of Rs.2,17,672.91 issued after 15 years of retirement of the petitioner has been quashed with a further direction for refund of the said amount, if recovered.

(3.) A perusal of the material on record indicates that the petitioner-respondent, who was initially appointed on 18.1.1961 in the Agriculture Department, was proceeded departmentally against by his suspension from service on 24.5.1973 followed by his dismissal from service vide order dated 27.4.1985. Both the said orders were challenged before the U.P. Public Services Tribunal, Lucknow by means of separate Claim Petitions which were clubbed together and decided vide judgment dated 18.5.1992. It was ordered that the petitioner would be reinstated in service with consequential benefits of service and arrears of pay. However, the opposite parties therein were granted liberty to reassess the losses caused due to dereliction of duty, if any, on part of the petitioner in a lawful manner.