SURYA PRAKASH KESARWANI, J. - (1.) Heard Sri Suresh Chandra Dwivedi, learned counsel for the petitioner and the learned standing counsel for the State-respondents.
(2.) This writ petition has been filed praying for the following relief: "(i) To issue a writ of Certiorari quashing the order dated passed 27.01.2020 passed by respondent no.3 and 4 (Containing in Annexure no.33 in present writ petition). (ii) To issued a stay operation of the order dated 27.01.2020 (Annexure No.33) and it further prayed during the pendency of writ petition the trial court has not proceed the matter inpursuance of order dated 27.01.2020 during the pendency of writ petition. (iii) Issue a writ order or direction in the nature of Mandamus Commanding / Directing the Respondents to act in accordance with law. (iv) Issue any other suitable writ order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. (v) Award the cost of petition to the petitioner." Facts:-
(3.) Briefly stated facts of the present case are that in the year 2015, the petitioner was selected on the post of Treasury Officer and was posted as Finance and Accountants Officer in the Basic Education Department, Agra. Sometime in August, 2016, one Dinesh Singh Chahar was suspended by the competent authority and disciplinary proceeding was initiated but his disciplinary proceeding could not be concluded within three months, therefore, on 25.12.2016, he moved an application before the petitioner and the concerned Basic Education Officer for payment of suspension allowance to the extent of 75% of the salary instead of 50% of the salary which the petitioner forwarded to the Basic Education Officer for orders. On complaint of the aforesaid suspended Assistant Teacher against the petitioner for demanding illegal gratification, Vigilance Department constituted a team of officers. On 02.05.2017, the petitioner was allegedly caught red handed by the Trap Team of Officers of the U.P. Vigilance Department when he was allegedly accepting bribe of Rs.50,000/- from the Assistant Teacher Sri Dinesh Singh Chahar, for payment of his suspension allowance. Accordingly, a First Information Report No.0254 of 2017 dated 02.05.20217 under Section 7, 13(1)(d), 13(2), P.C. Act, P.S. Shahganj, District Agra was registered against the petitioner.;