- (1.) By means of the present writ petition the petitioner has sought following reliefs:- i)Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.8.2009 passed by opposite party no. 1, U.P. State Public Services Tribunal, Lucknow (Hereinafter referred to as the 'Tribunal') contained as Annexure no.1 to the writ petition. ii)Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17.8.1996 and 6.1.1997 both passed by the opposite party no. 3 and order dated 24.3.2009 passed by opposite party no. 2 with all consequential benefits. iii)To issue an appropriate writ, order or direction in the nature of mandamus commanding the opposite parties not to create any impediment in to the clean and smooth service route/promotion of the petitioner on the basis of impugned orders dated 17.8.1996 and 6.1.1997 passed by opposite party no. 3 and 24.3.2009 passed by opposite party no. 2 in the interest of justice.
(2.) The Tribunal vide order impugned dated 13.8.2009 dismissed the Claim Petition bearing no. 1267 of 2009 preferred by the petitioner as barred by limitation.
(3.) Brief facts for deciding this petition are that petitioner Lalji Tiwari was posted as Deputy Excise Inspector in Sugar Mill, Laxmiganj, Padrauna, District Deoria (Now District Kushinagar). He was placed under suspension vide order dated 28.11.1995. Departmental inquiry was initiated against the petitioner and charge-sheet was issued to him. After conclusion of the departmental inquiry the petitioner was punished under U.P. Government Servant (Discipline and Appeal) Rules, 1999 vide order dated 17.8.1996 by opposite party no. 2 withholding four permanent increments with cumulative effect. Against the order of punishment petitioner preferred a representation before opposite party no. 3, which was rejected vide order dated 6.1.1997. Against the order of punishment dated 17.8.1996 the petitioner filed statutory appeal before opposite party no. 2 on 13.10.2008, which was dismissed vide order dated 24.3.2009 as barred by time observing that it has been filed after 12 years from the date of filing of appeal i.e. 13.10.2008. Feeling aggrieved by the order dated 24.3.2009 and the order dated 6.1.1997 the petitioner preferred claim petition no. 1267 of 2009 before the Tribunal, which was dismissed as barred by limitation on 13.8.2009. Against the said order, the petitioner has preferred the instant writ petition.;