Om Prakash, J. - (1.) HEARD learned counsel for the parties. By this writ petition, the petitioner seeks quashing of the order dated 30th December 1987, Annexure 9 to the writ petition passed by the District Basic Shiksha Adhikari, Aryanagar, Kanpur, respondent No. 2. A charge was levelled against the petitioner that he had misappropriated a sum of Rs. 969.50 representing the salary payable to some other teacher and on that ground he was suspended. Later by the order dated 19.12.1987 Annexure -5 to the writ petition passed by the Education Superintendent respondent No. 3 the petitioner was directed to deposit the defalcated amount in P.L. A/C and produce the receipt in support of the deposit. The contention of the petitioner as averred in the letter dated 21.12.1987, Annexure 6 to the writ petition is that he had made the payment by the bearer cheque drawn on Punjab National Bank Branch Office Qidwi Nagar in the name of Sri M.A. Khan, acting Education Superintendent who had taken the payment thereof on 15.4.1976. This fact is disputed in para. 7 of the counter affidavit in which it is averred that the aforesaid amount was not deposited in the proper account and therefore, it is not known as to who encashed the cheque.
(2.) BY the communication dated 11.4.1985, Annexure 2 to the writ petition, it is manifest that the petitioner was absolved of all the charges and was reinstated with immediate effect to the post of Assistant Teacher. The corollary of his being exonerated from the charge of defalcation is that he became entitled to all the post retirement benefits. The contention of the petitioner is that his post retirement benefits have not been finalized and paid to him so far. Considering the submissions of the parties, the writ petition is disposed of finally with the observations that the respondents will finalize the post retirement benefits payable to the petitioner within two months from the date a certified copy of this order is produced before the respondents by the petitioner and minus the amount of Rs. 969.50 they shall be paid to the petitioner by the respondents on the expiry of two months from the aforesaid date. In so far as the sum of Rs. 969.50 is concerned, that shall be paid to the petitioner after the petitioner satisfies the respondents that the aforesaid amount was duly deposited in the appropriate account or paid to the appropriate person.;