DEVI PRASAD SINGH, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE short matrix of the case is that petitioner was appointed in Subordinate Agriculture Services Group -III on the post of Assistant Agriculture Inspector of Government Seed Store, Digharua, district Fatehpur by opposite party No. 2 w.e.f. 24th January, 1978. The submission of the learned Counsel for the petitioner is that for certain period petitioner was on medical leave. Thereafter, a department charge -sheet dated 3rd October, 1983 was issued by the Farm Management Officer, Allahabad to the petitioner with the allegation that the petitioner was guilty of unauthorized absence from duty as well as embezzlement or causing loss to the Government property for an amount of Rs. 80,000. A copy of charge -sheet has been filed as Annexure -1 to the writ petition. According to petitioner's Counsel the charge -sheet was served on the petitioner on 5th January, 1985. Petitioner had submitted reply to the charge -sheet in the year 1986.
(3.) FOR the same charges an F.I.R. was lodged at the police station concerned. After due inquiry, a charge -sheet was submitted to the competent Court for petitioner's trial. The case was registered as Criminal Case No. 1277 of 1985. The charges contained in the First Information Report is the same which has been indicated in the charge -sheet. After due trial and after recording evidence, IIIrd Additional Mansif Magistrate, Fatehpur had acquitted the petitioner as no charge established against the petitioner by judgment and order dated 6th May, 1989. According to petitioner's Counsel against acquittal of the petitioner, an appeal was preferred by the respondents -State, which was dismissed by the High Court by judgment and order dated 22.5.1992 in Government Appeal No. 1756 of 1989, a copy of which has been filed as Annexure -9 to the writ petition. Accordingly, the judgment and order of Learned Trial Court attains finality.;