Sudhir Narain, J. - (1.) The petitioner has prayed for a writ of mandamus commanding the respondents to reinstate and absorb the petitioner on some suitable post and pay him salary from the date of his dismissal.
(2.) I have heard learned counsel for the parties.
(3.) The facts in brief are that the petitioner was appointed as Taqavi Amin in the year 1969. His services were terminated on 7th August, 1973, on the ground that the petitioner had committed embazzlement. The petitioner filed a claim petition before the U. P. Public Service (Tribunal) II, Lucknow. The claim petitioner was rejected by the Tribunal by order dated 2nd September, 1977 and the order of termination passed by the Collector, Bulandshahr "as upheld. The petitioner challenged the said order in this Court in Writ Petition No. 1 of 1978. The said writ petition was allowed by this Court by order dated 4th September, 1990. The Court took the view that the petitioner was not given an opportunity of hearing as required under Article 311 (2) of the Constitution of India. The relevant operative portion of the order of this Court is quoted below:- "In the result this petition succeeds and is allowed. The orders dated 7th August, 1973 passed by Collector Bulandshahr and the order dated 2nd September, 1977 passed by U. P. Public Service (Tribunal) are quashed. It shall, however, be open to respondents to proceed against the petitioner, If they so desire in accordance with law. The petitioner shall be entitled to bis costs.";