SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Nisheeth Yadav, learned counsel for the petitioner and Sri D.N. Misra, learned Standing Counsel for the respondents.
(2.) The petitioner has earlier filed a writ petition No.10700 of 2001 claiming for payment of salary for the period from 1978 to 1996. Learned counsel for the petitioner states that the said writ petition has already been dismissed for non prosecution and, therefore, the claim of the petitioner although overlapping may be considered in the present writ petition. Similar is the relief no.2 sought in the present writ petition. The additional relief sought in the present writ petition is that the order dated 25.09.2006 recovery of Rs. 94,165.19 and Rs.37,017.11 was directed to be made and the order was dismissal from service was modified to adverse entry.
(3.) On 27.09.2010, this Court heard the present matter and passed the following order:- "The facts of this case are very disturbing. It transpires from the records that the petitioner, who was working as Incharge Government Agriculture Seed Store, Syedraja, District Varanasi, was dismissed from service by the order dated 27th March, 1982 and recovery of Rs.94,165/- and Rs.37017/- was ordered to be made from the petitioner. The petitioner preferred an Appeal against this order which was dismissed on 11th September, 1991. It further transpires that a criminal case was also pending against the petitioner and by the judgment and order dated 12th August, 1992 the petitioner was acquitted by the Court after giving him the benefit of doubt. The petitioner approached the authorities with the judgment and order in the criminal case and insisted that he should be reinstated in service. An order dated 13th December, 1995 was passed by the Additional Director Agriculture (Administration). After mentioning that one Om Prakash, Ex-member of the Legislative Assembly had sent a letter to him stating that inspite of the judgment of the Judicial Magistrate-II Varanasi, the petitioner had not been reinstated and nor any payment of arrears of salary was made to him, the Additional Director Agriculture (Administration) directed that in view of the judgment rendered by the Judicial Magistrate-II Varanasi, the petitioner should be given a posting and should also be paid arrears of salary. Pursuant to the aforesaid order passed by the Additional Director Agriculture (Administration), the petitioner was reinstated in service on 15th February, 1996 but arrears of salary was not paid to him. The petitioner represented for payment of arrears of salary and filed a writ petition and a contempt petition. Thereafter, an order dated 25th September, 2006 has been passed by the Director of Agriculture, Lucknow in which punishment order imposed earlier on the petitioner on 27th March, 1982 has been modified. Recovery of Rs.94,165/- and further recovery of Rs.37017/- have been maintained but the dismissal order has been modified to the extent that adverse entry be entered in the service record of the petitioner. This petition seeks the quashing of the order this order on the ground that such recovery cannot now be made once the petitioner had been reinstated by the order passed in 1995 by the Additional Director Agriculture (Administration). The Additional Director Agriculture (Administration) in his order dated 13th December, 1995 makes no reference at all about the dismissal order passed against the petitioner on 27th March, 1982. It is not a case where the petitioner had been dismissed from service because of the pendency of a criminal case. Independent disciplinary proceedings were initiated against the petitioner and the charge sheet contains as many as 14 charges. It is on a consideration of the enquiry report that the punishment of dismissal from service was imposed upon the petitioner and certain amount was ordered to be recovered from him. The Appeal filed by the petitioner against the dismissal order was dismissed. It is difficult to conceive as to how the Additional Director Agriculture (Administration), could have reopened the entire disciplinary proceedings against the petitioner and directed not only for reinstatement of the petitioner but also for payment of arrears of salary. On the basis of the said order, the petitioner was reinstated and he worked upto 2007. The aforesaid order of the Additional Director Agriculture (Administration) has resulted in giving 25 years of extra service to the petitioner. The State-respondents must file a counter affidavit within a period of three weeks explaining as to how such an order could be passed by the Additional Director Agriculture (Administration) and that too on the basis of the recommendations made by the Ex-member of the Legislative Assembly, reference of which has been repeatedly made in the order passed by the Additional Director Agriculture (Administration). Such affidavit should be of the Principal Secretary, Agriculture. List this petition on 26th October, 2010. " ;