D. S. Mathur, J. - (1.) This is a Special Appeal by the State of U. P. and others, respondents, against the order of a learned Single Judge of this court, allowing the writ petition of Man Bahai Lal Srivastava, and quashing the order, Annexure 4, of his premature retirement under Fundamental Rule 56-A, and at the same time holding that he continues in service as Qanungo in Tahsil Misrikh, district Sitapur.
(2.) The undisputed facts of the case are that the petitioner was appointed a Patwari on the 26th of January, 1946 and was promoted as Assistant Teacher of the Lekhpal School in the year 1951 and as Qanungo in 1956. He also officiated as Naib-Tahsildar at several occasions. On the basis of the past record the District Magistrate, Sitapur, ordered on 15-2-1972 that the petitioner shall be retained in service upto the age of 58 years.
(3.) On 28-3-1972 the petitioner was caught red-handed accepting a bribe of Rs. 10/- in a trap laid by the Deputy Superintendent of Police, Sitapur. A criminal case under Sec. 161, I. P. C. and Sec. 5 (2) of the Prevention of Corruption Act was registered against him. The District Magistrate suspended him from service on 11-4-1972 and a copy of the charge sheet was served upon him on 19-4-1972. The bribe was paid to have been accepted by the petitioner to make a favourable report on a Taqavi application. However, before the petitioner could submit his reply to the show cause notice, the impugned order dated 30-6-1972, Annexure 4, retiring him compulsorily under Fundamental Rule 56-A, was served upon him on 9-6-1972. On the same day he received another order dated 2-6-1972 Annexure I, to the writ petition, reinstating him in service and withdrawing the disciplinary proceeding pending against him. The same day the following adverse entry made in his character roll was communicated to him. "Integrity is not certified, an experienced Qanungo who was caught while accepting illegal gratification by the Deputy Superintendent of Police on 28th March, 1972".;