- (1.) J. C. S. Rawat, J. 1. This special appeal under Rule 5 Chapter VIII of the High Court Rules has been directed against the judgment and order dated 21-08-2003 passed by the learned Single Judge of this Court in Writ Petition No. 5388 (S/s) of 2001 Bhupal Singh Jalal Vs. Managing Direc tor and others whereby the learned Sin gle Judge has allowed the writ petition.
(2.) A writ petition bearing No.-5388 of 2001 (S/s) was filed before the learned Single Judge by the writ peti tioner Bhupal Singh Jalal for the follow ing reliefs. i. To issue a writ order or direction in the nature of certiorari quash ing the impugned order dated 20- 09-1995 (Annexure-1) to writ petition. ii. To issue a writ, order or direc tions in the nature of mandamus directing the respondents to re-instate the peti tioner with salary and pay him all his back wages. iii. To issue any other writ order or direction which this High Court may deem fit in the circum stances of the case. iv. Award costs of the petition in favour of the petitioner. The writ petitioner- Bhupal Singh Jalal (respondent) was appointed on the post of Sealer in Uttar Pradesh Forest Corporation {hereinafter referred as Cor poration) in January, 1990. He was posted as Sealer at Ranikhet, Almora. He was transferred vide order dated 25-05-1993 by the appellant No. 3/divi- sional Logging Manager, Nainital from Ranikhet Section Dalmothi to Nainital Section Khansuon. The writ petitioner (respondent) did not join his duties. He was again asked to join at transferred place but he did not pay any heed to it. Thereafter, on the representation of the writ petitioner (respondent), he was again transferred on 30-06-1993 from Nainital Logging Division to Tanakpur Logging Division but he did not comply the said transfer order also. He also re mained absent from the duties. As the writ petitioner / respondent absented himself from duty, chargesheet was served to him and on the basis of the findings recorded by the Inquiry Officer, the writ petitioner/ respondent was dis missed vide order dated 20-09-1995. The respondents/appellants have filed the counter affidavit and supple mentary affidavit. It has been pleaded in the counter affidavit that he did not join the transferred place Khansuon in pursuance of the transfer order. When he did not join the transferred place he was again asked to report to duty at transferred place. The writ petitioner/re spondent in response of the above let ter, made a request to the Regional Manager of the Corporation for transfer ring him to some other place and in re sponse to his request the Regional Man ager transferred him to Tanakpur Log ging Division. It was also directed to the writ petitioner (respondent) to report to Divisional Logging Manager, Nainital by 12-07-1993. But he did not comply the order. It was further pleaded that he absented himself from duty without in formation, therefore he was served with the chargesheet. It was further pleaded that inquiry was conducted and the pe titioner (respondent) was given opportu nity to defend himself. The Inquiry Of ficer found him guilty of the disobedi ence of the orders of the superiors and also of indulging in strike. Thereafter the writ petitioner/respondent was dismissed from service on 20-09-1995.
(3.) AFTER hearing the parties, "the learned Single Judge allowed the writ petition and set aside the order dated 20-09-1995 passed by the Divisional Logging Manager of the Corporation. It was also held that the writ petitioner/re spondent was entitled to 50% back wages. Feeling aggrieved by the judgment and order of the learned Single Judge, the present special appeal has been pre ferred by the respondents/appellants.;