R.K.Agarwal, J. - (1.) The petitioner, Parashu Ram Semwal has filed the present petition seeking a writ of certiorari quashing the orders dated 11.1.1988 passed by the Registrar, Hemwati Nandan Bahuguna, Garhwal University, Srinagar, Garhwal, respondent No. 1 (Copy of which has been filed as Annexure-5 to the writ petition) and order dated 5.8.1999 passed by the Chancellor, Hemwati Nandan Bahuguna, Garhwal University, respondent No. 3 (copy of which has been filed as Annexure-9 to the writ petition).
(2.) The petitioner further seeks a writ in the nature of mandamus commanding the respondents to reinstate the petitioner with full back wages along with interest and all benefits of service and to pay his salary as and when it falls due.
(3.) The facts of the case in brief are that according to the petitioner, he was appointed on daily wage basis as a clerk in the Garhwal University, Srinagar, Garhwal, on 1.4.1979. He was appointed on temporary basis on the sanctioned post of clerk on 1.4.1981 in the pay-scale of Rs. 200-230. It appears that some action was taken against the petitioner under Section 60 of the U. P. Excise Act, on 20.11.1984 for possessing illicit liquor. He was arrested and was released on bail from the police station. According to the petitioner, the Director, Garhwal University, under whom he was working as a clerk sought a clarification on 3.12.1984 as to whether he was in lock up for more than 24 hours or not to which the petitioner replied that the information was incorrect. Till December, 1987, nothing happened against the petitioner. A Criminal Case No. 189 of 1985 proceeded against the petitioner in which he was released under Section 4 of the Probation of Offenders Act, 1958, by the Munsif Magistrate, Pauri Garhwal vide order dated 20.3.1986, on furnishing a bond of Rs. 1,000 with a surety of equal amount undertaking to live peacefully. The Presiding Officer, Pauri Garhwal, issued a certificate on 19.1.1999, that the conduct and character of the petitioner was found good as was required in the order dated 20.3.1986. However, on 11.1.1988, the petitioner was served with an order of termination of his service with immediate effect on the ground of his conviction by the Munsif Magistrate. The said order was passed on the basis of the resolution No. 59, dated 26.9.1987 passed by the Executive Council of the University. The petitioner challenged the resolution dated 26.9.1987, by filing Civil Misc. Writ Petition No. 5793 of 1988, which was dismissed by this Court on 11.3.1988, on the ground that the petitioner has an effective statutory remedy under Section 68 of the U. P. State Universities Act, 1973. Thereafter, the petitioner made a representation on 7.4.1988 before the Chancellor, Garhwal University and when the said representation was not decided within a reasonable period by the Chancellor, the petitioner again approached this Court by filing Civil Misc. Writ Petition No. 22824 of 1988, which was disposed of vide judgment and order dated 4.5.1999 with a direction to the Chancellor to decide the representation within a period of two months from the date of production of the certified copy of the said order before him. The Chancellor vide order dated 5.8.1999 had rejected the representation made by the petitioner under Section 68 of the U. P. State Universities Act, 1973. The orders dated 11.1.1988 and 5.8.1999 are under challenge in the present petition.;