Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) WITH the consent of the parties Writ Petition No. 5535 of 1992 is being taken as the leading case and since common facts are involved in both the petitions, the order of termination having been passed i leading case, the judgment is being rendered in Writ Petition No. 5535 of 1992. Facts of Writ Petition No. 5535 of 1992 The Chief Engineer appointed the petitioner as Junior Engineer in the U. P. Jal Nigam on 24.11.1973. The petitioner fell ill on 8.12.1981 and was confined to bed for several months. He submitted applications for medical leave w.e.f. 8.12.1981 onwards. After recovery from illness the petitioner submitted fitness certificate and joined his work on or about 7.3.1982. He worked for about 3-4 days and thereafter relapsed again. It is averred in the writ petition that the second son of the petitioner in the meantime developed some disease in one of his legs. As the petitioner was confined to bed and since he was under medical treatment ; he was not able to give proper treatment to his son due to financial crisis. On account of the fact that proper treatment could not be given to his son he became lame. After recouping again the petitioner submitted joining vide letter dated 5.1.1983 and reported for duty but he was not permitted to join his duties by the Executive Engineer, I Project Division, 76 - Chandrika Colony, Sigra, Varanasi.
(3.) IT appears that an F.I.R. was lodged against the petitioner under Section 409, I.P.C. at P. S. Sigra, Varanasi, to the effect that he had remained absent from duty w.e.f. 8.12.1981 and had not returned certain materials issued to him for executing certain works. IT further appears that the petitioner vide letter dated 14.4.1983 addressed to respondent No. 3 informed him that all the articles/material issued to him for execution of work were deposited in the office and yet the petitioner was not being allowed to join in spite of several letters and reminders in this regard. The Criminal Case No. 311 of 1990, State v. Jai Shankar Tewari, was registered against the petitioner in pursuance of the F.I.R. lodged against the petitioner under Section 409, I.P.C. It is averred that the petitioner again met respondent No. 3 for joining duties but was told that he will be permitted to join only after the final report is submitted on the charge-sheet. The charge-sheet was filed in the Court on 4.1.1984 but the petitioner was again not permitted to join and was told to come again for joining duties, after the decision of the criminal case. Subsequently the petitioner surrendered before the Court on 30.1.1987 and was granted bail on 2.2.1987. He then requested respondent No. 2 to permit him to join but was not allowed to join his duties on the ground that he will be permitted to join only after the decision of the Court as was informed to him by respondent No. 4.;