R.H. Zaidi. J. - (1.) Petitioner under Article 226 of the Constitution of India prays for a writ, order or direction in the nature of certiorari quashing resolution No. 91 dated June, 20/22, 1984 of the Executive Council, hereinafter referred to as the University, arrayed as respondent No. 2 as well as for quashing the order dated December, 17, 1984 passed by the Registrar of the University, arrayed as respondent No. 3.
(2.) The relevant facts of the case are that the petitioner was appointed as Junior Clerk in the University on April 14, 1964. On March 1, 1973 he was promoted to the post of Senior Clerk and was confirmed on the said post on March 1, 1975. Petitioner was implicated in a criminal case under Sections 408/477-A I.P.C. and was convicted and sentenced to one year Rigorous imprisonment by the Magistrate concerned vide its judgment and order dated December, 16. 1982. During the pendency of the trial of the aforesaid case, petitioner was placed: under suspension by the University vide order dated July. 20. 1976. On appeal filed fay the petitioner against the judgment and order dated December. 16, 1982 (Criminal appeal No. 483 of 1982, J.N. Tripathi v. State). Petitioner was acquitted of the charges levelled against him by II Addl. District Judge, Varanasi. The operative portion of the said appeal is quoted below:" Appeal is. hereby allowed. The judgment and order of the below stand set aside. The accused appellant is acquitted of the charges. Sd/ O.N. Asthana. II Addl. Distt. and Sessions Judge." Varanasi." After his acquittal, petitioner approached the University and applied for revocation of the order of suspension and requested for his reinstatement on the post of Senior Clerk. It has been stated that instead of reinstating the petitioner on his said post vide order dated December, 17, 1984 services of the petitioner were terminated. Vide resolution No. 91 dated June, 20/22, 1985, the Executive Council also resolved to terminate the service of the petitioner. Petitioner, as stated above, has challenged the validity of the aforesaid orders dated December, 17, 1984 and resolution dated June, 20/22, 1984.
(3.) In the meanwhile, it would not be out of place to state that the petitioner once approached this Court and filed Civil Misc. Writ Petition No. 7966 of 1984 for a writ, order or direction in the nature of mandamus commanding the respondents to decide his representation, which was pending disposal before the University. This Court was pleased to issue interim mandamus for disposal of the representation. In compliance whereof the said representation was disposed of finally and the petitioner was dismissed from service. Petitioner attempted to get the said writ petition amended challenging the validity of the order of dismissal, but the amendment application was dismissed, ultimately writ petition was also dismissed as infructuous with liberty to the petitioner to file another writ petition challenging the validity of the order of dismissal, therefore, the present was filed by the petitioner seeking the above noted reliefs.;