- (1.) BY way of this petition, the petitioner, working on the post of Assistant Engineer, Public Works Department, seeks to question the memo/order dated 14.02.2014 (Annexure No.1), whereby the State Government has taken decision to hold Departmental Enquiry afresh against him pursuant to the order passed by this Court.
(2.) SHORN of unnecessary details, relevant background of the case are that on the allegation of financial irregularities in the matter of work contracts, disciplinary proceedings were initiated against the petitioner on 24.09.2004 and he was placed under suspension. Ultimately, after finding the charges proved , the petitioner was ordered to be dismissed from service by the order dated 15.09. 2006.
(3.) THE petitioner challenged the said order dated 15.09.2006 by way of writ petition No. 65230 of 2006 in this Court which was allowed by the order dated 11.09.2013 in view of the orders passed in the other cases related to similarly circumstanced persons, while keeping it open for the State Government to take a decision for holding enquiry afresh from the stage of submission of reply to the charge -sheet within three months. This Court, inter -alia, ordered and directed as under : "17. For the aforesaid reasons, after hearing the parties we allow the writ petition and while setting aside the impugned order dated 15.9.2006 passed by the Principal Secretary, U.P. Public Works Department, Government of U.P., Lucknow dismissing the petitioner from service direct that the petitioner shall be reinstated in service with all consequential benefits except full back wages, which the petitioner will be entitled to 50% only as he had not worked on the post. It will be open to the State government to take decision to hold enquiry afresh against the petitioner from the stage of submission of petitioner's reply to the chargesheet. A final decision in this regard will be taken by the State Government, if the petitioner cooperates, within a period of three months from the date a certified copy of this order is produced by the petitioner before the Principal Secretary, Public Works Department. 18. The petitioner will also be entitled to costs to the writ petition." A petition for Special Leave to Appeal against the aforesaid order dated 11.09.2013 was dismissed by the Hon'ble Supreme Court on 10.03.2014. It is borne out the record that the petitioner filed a Contempt Petition bearing no. 144 of 2014, complaining of non -compliance of the order dated 11.09.2013 wherein, the following order was passed by this Court on 09.01. 2014 : - "Heard learned counsel for the applicant. It is alleged that the order dated 11.09.2013 passed by this Court has been violated . From a perusal of the petition , a prima facie case is made out. Issue notice to opposite party fixing 17th February, 2014. The Counter afidavit may be filed within the aforesaid period or else charges may be framed after summoning the notice. However, one more opportunity is granted to the opposite party to comply with the order within a month. If by the next date fixed the directions of the writ Court are not complied with and an affidavit of compliacne to that effect is not filed, the opposite party shall remain present before this Court . The office may send a copy of this order along with the notice.";