- (1.) This writ petition is directed against the order dated 29.4.2003 passed by the Joint Director (Prosecution), Gorakhpur Region, Gorakhpur by which he has cancelled the order dated 14.8.1997 allowing the petitioner to cross efficiency bar w.e.f. 1.1.1992 and consequently directed re-fixation of petitioner's salary and the realisation of the excess amount paid to the petitioner.
(2.) The petitioner was appointed as Assistant Prosecution Officer in the Directorate of Prosecution, Government of UP. In the year 1990 he was posted in District Deoria. By the order dated 14.8.1997 the Joint Director (Prosecution), Gorakhpur Region, Gorakhpur allowed him to cross efficiency bar with fixation of basic pay at Rs. 2300/- in the pay scale of Rs. 2000-60-2300-Da Ra-75-3200 w.e.f. 1.1.1992. The order was passed on the recommendation of the Senior Prosecuting Officer, Deoria dated 5.8.1997. The Joint Director by his subsequent letter dated 27.9.1997 issued a clarification that the benefit of pay in pursuance to crossing the efficiency bar and consequent fixing of Rs. 2300 as basic pay w.e.f. 1.1.1992 be recorded in his service book.
(3.) By the impugned order dated 29.4.2003 without giving any notice or opportunity of hearing to the petitioner the order dated 14.8.1997 allowing the petitioner to cross the efficiency bar w.e.f. 1.1.1992 was cancelled. On the review of the annual confidential records it was found that in the years 1990, 1992-93 and 1993-94 the petitioner was awarded adverse entries and thus in view of the Government Order dated 18.7.1972 he was not eligible to be allowed to cross the efficiency bar.;