Chandra Dhari Singh,J. - (1.) Since both the petitions involve common questions of law and fact and co-relate to same person, therefore, both were connected with each other vide order dated 12.04.2017 rendered in Writ Petition No.7624 (SB) of 2017, hence both have been heard together and are being decided by this common order.
(2.) The writ petition No.2562 (SB) of 2016 has been filed with the following main prayer(s) : (a) Issue a writ, order, or direction in the nature of certiorari to quash the order dated 05.02.2016 passed by the respondent as contained in Annexure 10 to the writ petition. (b) issue a writ order or direction in the nature of PROHIBITION commanding the respondent from passing any order of Major Penalty under second Part of Rule 3 of the U.P. Government Servant (Discipline and Appeal) Rules 1999 and issue a writ order or direction in the nature of certiorari to quash the charge-sheets dated 31.03.2014 and 16.05.2014 as contained in Annexure 1 and 2 to the writ petition along with any adverse order which may be intended to be passed by the respondent. (c) issue a writ order or direction in the nature of mandamus commanding the respondent not to impose any penalty whatsoever in the light of the averments made in the writ petition. (d) issue a writ order or direction in the nature of mandamus commanding the respondent to provide full salary, allowances and other emoluments with retrospective effect for the suspension period w.e.f. 04.08.2014 to 13.01.2016 with all consequential benefits and provide full salary for the subsequent period. Subsequently, the writ petition no. 7624 (SB) of 2017 has been filed with the following main prayers : i. issue a writ, order or direction in the nature of mandamus declaring the office memorandum dated 24.04.2014 issued by the State of U.P. as firstly ultra-vires to Rule 3(1) and 3 (2) of the 'Aircraft (Investigation of Accidents and Incidents) Rule 2012 secondly, ultra-vires to the U.P. Government Servant (Discipline and Appeal) Rules, 1999 and thirdly ultra vires to the Constitution of India. ii. issue a writ, order or direction in the nature of mandamus commanding the respondent to quash the impugned order dated 25.04.2016 contained at Annexure 1 of the instant writ petition and honourably reinstate the petitioner. iii. issue a writ, order or direction in the nature of mandamus commanding the respondent to provide full salary, allowances and other emoluments with all consequential benefits i.e. seniority and safeguard of promotional avenues etc. iv. to award an exemplary cost of five crore rupees on the respondent State of U.P. on account of inflicting mental pain, agony, humiliation, loss of honour, pride, opportunity to the petitioner besides also causing shrinkage of his piloting skill and denting his future prospects of employment in the aviation industry by a farce and misconceived inquiry instituted against him by the respondent.
(3.) Brief facts of the case are that the petitioner joined the Air Force through N.D.A. as Pilot in Transport Stream. On 14.01.2008, the petitioner was sent on to fly Aircrafts of the State of U.P. on deputation for a period of three years. which was extended for one year more. Later, after premature retirement from Indian Force, the petitioner was given the post of Pilot (Fixed Wing) on contract basis w.e.f. 01.08.2011 and subsequently, he was appointed on the same post on regular basis w.e.f. 22.12.2011.;