- (1.) The petitioner was a salesman, employed with the U.P. State Food and Essential Commodities Corporation Ltd., the first respondent and at the material time, he was assigned duties as a godown incharge. On 7 April 2006, an order of suspension was passed on the ground of alleged misconduct. A disciplinary proceeding was convened. The petitioner was held guilty of having committed an act of misconduct. It is common ground that the allegation against the petitioner was that on an inspection of the godown a shortage was detected in the stork of food grains. Upon the finding of misconduct in the disciplinary inquiry, the petitioner was dismissed from service on 30 July 2007.
(2.) In writ proceedings (writ Petition No. 489 (S/S) of 2007) before tins Court, the order of dismissal was set aside on 9 May 2008 leaving it open to the disciplinary authority to take a decision afresh in accordance with law. Thereafter, by an order dated 2 July 2009, an order of dismissal was again passed. The petitioner was found guilty of having caused a loss to the extent of Rs. 43,77,078/- and hence was dismissed from service. The petitioner has challenged the order of dismissal in a writ petition which is pending before this Court (Writ Petition No. 4566 (S/S) of 2009).
(3.) On 6 April 2010, an order of recovery was issued against the petitioner by the General manager of the first respondent by which, it was directed that in accordance with the provisions of Section 3 of the U.P. Public Moneys (Recovery of Dues) Act, 1972, the Act, an amount of Rs. 43,54,557/- be recovered as arrears of land revenue. The petitioner challenged the order in a writ petition before this Court.;