Ritu Raj Awasthi, J. - (1.) HEARD Sri Salil Kumar Srivastava, learned Counsel for the Petitioner as well as the learned Standing Counsel and perused the records.
(2.) THIS writ petition has been filed challenging the order dated 18.4.2006 passed by the District Magistrate, Lakhimpur -Kheri by which the Petitioner has been denied salary for the period from 20.12.1993 to 20.8.2003 on the ground that the Petitioner has not furnished the certificate under Rule 54A, Sub -rule 5 of the Fundamental Rules to the effect that he was not engaged in any gainful employment during the aforesaid period. It appears that the Petitioner while working on the post of Amin was dismissed from the service after conducting a full -fledged enquiry by the disciplinary authority on 20.12.1993. The dismissal order was challenged by the Petitioner on various grounds by filing Writ Petition No. 449 (S/S) of 1994 including the one that the Petitioner was not provided with the copy of the enquiry report by the disciplinary authority. This Court had allowed the writ petition with the direction to the opposite parties to reinstate the Petitioner in service and can continue the enquiry from the stage of furnishing a copy of the enquiry report. It was made clear that the entitlement of the Petitioner to the backwages and other benefits from the date of dismissal of the Petitioner to the date of reinstatement shall be decided by the authorities according to law, after culmination of the proceedings and depending on the final outcome of the proceedings.
(3.) THE appointing authority by order dated 20.8.2003 had reinstated the Petitioner in service with the stipulation that the question of backwages will be decided later on and with a direction to the S.D.M., Dhaurahra to submit the enquiry report. The S.D.M. Dhaurahra submitted the enquiry report dated 31.12.2004 without dealing with the earlier enquiry report dated 30.10.1993. Thereafter a show cause notice was issued to the Petitioner enclosing the second enquiry report dated 31.12.2004. The Petitioner submitted his reply that he was entitled to get the first enquiry report in terms of the judgment and order dated 10.7.2003 passed in the Writ Petition No. 499 (S/S) of 1994. Thereafter, the District Magistrate by order dated 2.5.2005 took a decision to drop the departmental proceedings against the Petitioner and also that the Petitioner would not be entitled to the back wages.;