- (1.) P. C. Verma, J. By way of this writ petition, the pe titioner has prayed for writ of certiorari quashing the part of the order dated 08-07-2003 passed by the State Public Service Tribunal, Dehradun- Respondent No. 1 and further a writ has been prayed in the nature of Mandamus command ing the respondents to pay the arrears of salary to the petitioner.
(2.) BRIEF facts giving rise to this writ petition are that the petitioner during his service remained posted in various places. On 08-11 -1992, the petitioner got four days casual leave and had to report on duty on 12-11 -1992 but due to his illness he could not report back to his duties. The petitioner had inti mated his illness to his superiors imme diately and was under treatment in a Government Hospital. On 01-06-1993, the petitioner re ported back on his duty along with medi cal certificate from medical officer in-charge PH. C. Garhmukteshwar. There after, on 21-06-1993, the C. O. Khatima, District Nainital started proceedings under Section 7 of the Police Act against the petitioner and issued a notice to him. After receiving the charge sheet, the petitioner on 28-06-1992 filed his reply on the aforesaid notice. In the said charge sheet, the charges against the petitioner was that he had remained absent from his duties for 201 days, 17 hours and 15 minutes and he has not got examined himself at a Government Hospital. Sri Dileep Singh, Deputy Su perintendent of Police was appointed to conduct the inquiry who after conduct ing the inquiry submitted his report on 03-11 -1993. The punishing authority disagreeing with the inquiry report issued a notice to the petitioner on 22-12-1994. The petitioner also replied the aforesaid notice by filing a representation- dated 30-01-1995, explaining each and every aspect against the charges levelled against him. The punishing authority without considering the recommendation of the inquiry officer and the petition er's representation passed the dismissal order of the petitioner on 04-04-1995. Against the dismissal order, the peti tioner filed an appeal before Depart mental Appellate Authority, which too met with the same fate. Being aggrieved, the petitioner filed a claim petition before Public Serv ice Tribunal which was transferred for adjudication to Public Service Tribunal, Uttaranchal and was renumbered as claim petition No. 102/t/2001. The Tri bunal disposed of the petition of the pe titioner on 08-07-2003 with a direction to the respondents to reinstate the peti tioner with all the notional service ben efits, but with no back wages and to regularize the period of absence from 12th November, 1992 to 1st June, 1993 with the leave of kind due, including medical.
(3.) FEELING aggrieved by the aforesaid Tribunal's order challenging this part of the order dated 08-07- 2003 that the pe titioner will not be entitled to back wages, this writ petition has been filed. Heard Sri Arvind Vashisth, learned counsel for the petitioner, Sri K. P. Upadhyay, learned counsel for the respondents and perused the record.;