Arun Tandon, Alok Kumar Mukherjee, JJ. - (1.) Nobody is present on behalf of the respondent.
(2.) The State of U.P. has filed this intra court appeal under Chapter-VIII, Rule-5 of the Allahabad High Court rule against the judgment and order of the learned Single Judge dated 26.10.2010 passed in Writ Petition No. 16311 of 1996, Ghhangur v. State of U.P. and another.
(3.) Facts leading to the present appeal are as under: Chhangur (original petitioner) was working as 'Meth' in Public Works Department of the State of U.P. His services were terminated by the department under an order dated 5.5.1975, and further recovery of Rs. 180.20 paisa was directed (said to be the loss caused because of the actions or inactions on the part of Chhangur). Against the order of dismissal, Chhangur filed an appeal before the Superintending Engineer, which was rejected vide order dated 1.2.1977. The said orders were subjected to further challenge before the U.P. Public Services Tribunal. The Tribunal under order dated 14.3.1980 partly allowed the appeal. The order of termination was not interfered with, only the order of the Appellate Authority was set aside with a direction to decide the appeal as fresh. After the remand, the Superintending Engineer (Appellate Authority) again rejected the appeal vide order dated 6.7.1983. Not being satisfied Chhangur filed a fresh claim petition being Claim Petition No. 342/EK/4/1983. The Tribunal again allowed the appeal partly. After recording that the Appellate Authority has not carried out the directions issued earlier, set aside the order of the Appellate Authority and directed that the appeal be decided afresh and reasons be recorded on all issues which have been raised by Chhangu, since the order of Tribunal was not complied with in letter and spirit, cost of Rs. 500/- was also imposed upon the then Superintending Engineer.;