SHIV NARAIN TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Khare learned Senior Counsel in support of the. petition, Sri V.P. Varshney learned counsel appearing for the Commission and Dr. D.K. Tiwari, the learned Additional Chief Standing Counsel for the State.

(2.) This writ petition impugns the order dated 02 February 2018 passed by the State Government forfeiting the retiral benefits of the petitioner to the extent of loss caused to the State Government in exercise of powers conferred by Regulation 351B of the Civil Services Regulations as applicable in the State of U.P [hereinafter referred to as "the CSR"]. The order further retains the gratuity and leave encashment benefits liable to be disbursed in favour of the petitioner to recover the alleged pecuniary loss caused to the State Government. The petition seeks consequential reliefs for release of the entire pensionary benefits, gratuity and leave encashment. A further direction is sought commanding the respondents to release the arrears of salary and the subsistence allowance for the period 04 December 1999 to 29 May 2003 as also for the period 12 December 2007 to 31 December 2010.

(3.) The facts that may be noticed and would be relevant for a decision being rendered on this writ petition are as follows. The petition was originally appointed as an Assistant Engineer in the Minor Irrigation Department of the State. On 02 July 1982 he was promoted as an Executive Engineer. It was while functioning as such that the State Government passed an order of dismissal on 04 July 2010 and further directed recoveries to be effected from the movable and immovable properties of the petitioner. This decision of the State Government was assailed by the petitioner by way of Writ Petition No. 8299 of 2010. The said petition was allowed by a Division Bench of the Court in the following terms: -