- (1.) Heard Sri R.B.S. Rathore, learned Counsel for the petitioner and Sri N.C.Mehrotra, learned Counsel for the opposite parties.
(2.) By means of the present writ petition, petitioner is challenging the order dated 15.9.2008 passed by Dy. Director (Administration/Marketing), Rajya Krishi Utpadan Mandi Parishad, U.P. Lucknow, whereby on reconsideration, the earlier removal order dated 22.11.2004 has been reiterated. The petitioner has also challenged the order dated 16.9.2008 whereby petitioner has been shown to be retired on 31.1.2005 whereas the petitioner was allowed to continue in service till 31.1.2007.
(3.) The sole ground of challenge of the impugned order dated 15.9.2008 is that it has been passed in utter violation of the Principles of natural justice as this Court while quashing the order of termination dated 22.11.2004 has granted liberty to the respondents to proceed with inquiry afresh from the stage of the reply of the charge sheet submitted by the petitioner and conclude the same after providing opportunity of hearing including oral hearing to the petitioner. From the record, it also comes out that the petitioner has filed writ petition no. 1400 (SS) of 2007 challenging his date of superannuation on the ground that his actual date of birth is 15.11.1947, however in the Service Book it has been changed as 15.1.1947. The said writ petition was dismissed vide judgment and order dated 29.3.2007. It appears from the record that against the aforesaid order dated 29.2.2007, petitioner filed a special appeal no. 411 of 2007, wherein the Division Bench of this Court directed the opposite parties to pay admitted amount of post retiral benefit dues of the appellant.;