- (1.) BY means of present writ petition, the petitioner has prayed for the following reliefs: "(i) Issue a writ, order or direction in the nature of certiorari for quashing the order dated 07.01.2005 issued by opposite party no. 3 -The Registrar, Hon'ble High Court at Allahabad as contained in Annexure -10 to the writ petition, further be pleased to quash the order dated 05.01.2005 after summoning the same from opposite parties. This Hon'ble Court further be pleased to quash the order dated 12.08.2005 issued by the opposite party no. 3 as contained in Annexure -15 and further be pleased to quash the order dated 11.08.2005 after summoning the originals and the same from the opposite party no. 2. (ii) Issue a writ, order or direction in the nature of certiorari for quashing the placement of the petitioner as Bench Secretary Grade Ist vide the impugned order dated 06.02.2006 as contained in Annexure -18 so far as same is relates to the petitioner. (iii) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 31.03.2005 passed by the opposite party no. 3 by which the confirmation of the petitioner has been deferred as contained in Annexure -12 to the writ petition, so far as same is relates from the petitioner. (iv) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to treat the petitioner confirmed Bench Secretary Grade -II w.e.f. April, 2000 or in any case w.e.f. 2003 and further be pleased to direct the opposite parties to place the petitioner as Bench Secretary Grade -III in pay scale of Rs.12,000 -16,500/ - from the date on which junior from the petitioner has been given the such placement. (v) Issue any other writ order or direction in the nature and manner which deemed just and proper in the circumstances of the case; (vi) Allow the writ petition with costs."
(2.) THE brief facts of the case are that on the basis of competitive examination the petitioner was appointed as Bench secretary Grade -II in the pay scale of 6500 -10500/ - vide order dated 23.04.1999. In the merit list the petitioner was placed at serial no. 18. In pursuance of the said appointment the petitioner is working since April, 1999 as Bench Secretary Grade -II in the pay scale of Rs.6500 -10500/ -. The petitioner at present is posted as Bench Secretary Grade -II in the Hon'ble High Court, Lucknow Bench, Lucknow. The petitioner was on duty in Court no. 22 as Bench Secretary where the Bench was presided over by Hon'ble Mr. Justice Imtiyaz Murtaza, wherein Criminal Appeal No. 1585 of 2002 was listed as a fresh case at serial no. 12 and the same was taken up for hearing by the Hon'ble Court but the file of the said case was misplaced after passing of the order. After making sufficient efforts, the petitioner was not able to trace out the file and subsequently on 27.11.2002, he moved an application to the Registrar, High Court, Lucknow Bench, Lucknow for instituting a preliminary enquiry for the purpose of coming out of the truth.
(3.) IN the said application the petitioner had mentioned entire facts and efforts made by him to trace out the record of Criminal Appeal No. 1585 of 2002. The petitioner has stated that Sri S.R. H. Zafari, Private Secretary, had noted the orders from Serial No. 9 to 18 except the Criminal Appeal No.1588 which was taken up in the revised list. He further stated that Sri Zafari has not shown the note book when the petitioner enquired from him, therefore, the petitioner moved the aforesaid application for enquiry in the matter. On the application of the petitioner, the Registrar ordered for a preliminary enquiry, which was conducted by Sri M.H. Salman, Deputy Registrar (Criminal), who after enquiry submitted his report dated 02.12.2002 without fixing any responsibility of the petitioner for the loss of the said record.;