Sibghat Ullah Khan, J. - (1.) HEARD learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) THIS writ petition was dismissed as infructuous on 27.2.2009. Thereafter restoration application was filed on 7.9.2009. On the restoration application on 19.7.2011 and 28.7.2011 following orders were passed on the order sheet. 19.7.2011 It is shocking that this writ petition was dismissed as infructuous two and half years before (on 27.02.2009) still under interim order dated 23.01.1991 State authorities are benevolent enough to pay salary to the petitioner till date. Petitioner filed restoration application about two years before i.e. on 7.9.2009 but continued to receive the salary thereafter. Government officers are clearly in collusion with the petitioner in this open loot of Government money. I passed a general order which is reported in Pankaj Babu Vs. D.D.E., 2009 (75) ALR 22 and learned chief Standing Counsel was directed to supply copies of the said order to all the D.Ms. and D.I.O.S. In the said order I had directed that no such employee should be paid salary who was getting salary under interim order passed by this court in a writ petition which was more than 10 years old unless evidence of pendency of the writ petition was filed. Put up on 22.7.2011. On 22.07.2011 personal affidavit of the D.M. Kaushambi must be filed and the in charge of the Section concerned must be present in the Court. The salary of two and half years which has illegally been paid to the petitioner is to be recovered from the petitioner and the officer concerned in equal share. The D.M. in the affidavit must indicate that from the salary of which officer this amount shall be deducted. Office is directed to supply a copy of this order free of cost to Sri Srichand, learned standing counsel present in court today. 28.7.2011 Affidavit of District Magistrate, Kaushambi has been filed in which it has been mentioned that enquiry has been entrusted to A.D.M. On enquiry from the Court, learned standing counsel states that the A.D.M. is expected to submit his report by 05.08.2011. Accordingly, list on 09.08.2011. On the said date copy of the enquiry report of A.D.M. shall be brought on record. Till then no recovery shall be made. Office is directed to supply a copy of this order free of cost to learned standing counsel by 01.08.2011. Thereafter arguments were finally heard on the restoration application as well as merit of the writ petition on 25.8.2011 and order was reserved. Order dated 25.8.2011 passed on the order sheet is quoted below: Heard learned counsel for the parties on the restoration application as well as merit of the writ petition. Order reserved. Learned standing counsel states that on 12.8.2011 he has filed Supplementary affidavit annexing therewith copy of the inquiry report. Duplicate copy of the same has been placed on record. Office shall trace and place the original Supplementary affidavit on record.
(3.) CAUSE shown is sufficient. Delay in filing restoration application is condoned. Restoration application is allowed. Order dated 27.2.2009 dismissing the writ petition as infructuous is set aside.;