Sudhir Chandra Verma, J. - (1.) BY this petition the petitioner has prayed for quashing of the suspension order dated 14 -4 -1978 on the ground that up to this date no charge -sheet has been served nor any disciplinary proceedings have been initiated. The petitioner was employed as Lekhakar in Nagar Mahapalika Allahabad and was attached with the Education Department of the Nagar Mahapalika. The order of suspension was passed by the Sachiv, U.P. Basic Siksha Parishad, Lucknow and the same was communicated by the District Basic Siksha Adhikari. It appears that the petitioner was suspended on charges of embezzlement and criminal case was lodged against him under Section 409 of the Indian Penal Code. The petitioner was released on bail on 23 -3 -1978. After the order of suspension, the petitioner has been making repeated efforts for the payment of his due subsistence allowance and for completion of the disciplinary enquiry and for his reinstatement. Having failed in his efforts, the petitioner approached this court and interim mandamus was issued to respondents No. 1 to 3 to show cause as to why after order of suspension dated 14 -4 -1978 was passed no steps were taken to proceed with the disciplinary enquiry by serving charge -sheet etc. and why due subsistence allowance were not paid. A certified copy of this order was directed to be served on respondents No. 1 to 3. The petitioner has filed receipt of the service of the certified copy of the order dated 26 -2 -1991 on the respondents No. 1 to 3. The respondents No. 1 to 3 have neither filed any counter affidavit in response to the aforesaid show cause notice nor have complied with the orders dated 26 -2 -1991. Learned standing counsel is not present on behalf of respondents No. 1 to 3. Under these circumstances I have no option but to quash the order of suspension dated 14 -4 -1978 and direct the respondents to reinstate the petitioner. The petitioner will also be entitled to all the benefits as in law he would be entitled after reinstatement.
(2.) WITH the aforesaid directions the petition is allowed. There shall be no order as to cost.;