AMAR BABU SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner Amar Babu Srivastava was Junior Division Clerk in 16-U.P. Bn. N.C.C., Allahabad In the year 1987. It appears that he proceeded on medical leave. He was transferred to 101 U. P. Bn. N.C.C., Mirzapur and since the petitioner was not available for service of the transfer order, it was published on 31.5.1987 in the Hindi news daily 'Amrit Prabhat'. The petitioner instituted Civil Misc. Writ Petition No. 10824 of 1987 to challenge the order of transfer. The said writ petition was disposed of by order dated 24.4.1997, a copy of which is Annexure-1 to the writ petition. The relevant portion of the order is extracted as below :

(2.) The petitioner was allowed to join his duties on 22.10.1997. He was not paid salary and consequently the petitioner was driven to file another Writ Petition No. 2673 of 1998, which was disposed of by this Court vide order dated 27.1.1998, a copy of which is Annexure-3 to the writ petition. The material portion of the order is as follows :

(3.) On 22.1.1998 the petitioner was placed under suspension on account of his involvement in case crime No. 66 of 1998 under Section 332/353/325/323/504/506, I.P.C., P.S. Kotwali Katra, Mirzapur. Certain other allegations of misbehaviour, insubordination and indiscipline were also made the basis to suspend the petitioner. The F.I.R. was lodged against the petitioner by Aditya Nath Misra a Senior Clerk in the office in which the petitioner was working. A charge-sheet dated 6.3.1998. Annexure-6 to the petition, was delivered to the petitioner. A notice was Issued to the petitioner on 7.9.1998, Annexure-7, to show cause why he should not be dismissed from service. The reply submitted by the petitioner to the show cause notice is dated 20.9.1998. Annexurc-8. By order dated 27.10.1998, Annexure-9, the petitioner was dismissed from service by Sri S.K. Prusty. Lt. Col. Commanding Officer. The order of dismissal was challenged by the petitioner by filing Civil Misc. Writ Petition No. 3203 of 1999. The said writ petition was dismissed on 19.2.1999, Annexure-10, on the ground of availability of alternative remedy of filing appeal under Rule 56 of the Civil Services (Classification, Control and Appeal) Rules. It was observed that the dismissal of the writ petition shall not prejudice the right of the petitioner in any manner, whatsoever, as the controversy raised in the petition has not been determined on merits. After the dismissal of the aforesaid writ petition, the petitioner preferred an appeal/representation before the Deputy Director General, National Cadet Corps. Lucknow on 24.2.1999. Annexure-11. Appeal of the petitioner has been dismissed by Brig. A. K. Pandey, Dy Director General, National Cadet Corps. Lucknow, on 22.3.1999, Annexure-12.