PRABHAT CHANDRA TRIPATHI,J. - (1.) The petitioner Daya Shanker Mishra has preferred this writ petition to issue a writ, order or direction in the nature of certiorari to quash/set aside the judgment/order dated 08.03.2016 passed by the respondent no.2, the State Public Services Tribunal and also to issue a writ, order or direction in the nature of certiorari to quash/set aside the punishment order dated 21.08.2001 along with the orders dated 07.02.2002 and 30.12.2013 passed on the appeal and the review representation.
(2.) The facts of this writ petition in narrow compass are enumerated as follows: (A). The petitioner was appointed as Lower Division Clerk on 10.05.1979 and thereafter lastly, promoted to the post of the Head Clerk/Office Superintendent in the office of the A.R.T.O. (Admn.), District Chandauli. After attaining the age of superannuation, the petitioner retired on 31.05.2012. The petitioner while being posted as Senior Clerk in the office of the A.R.T.O. (Admn.), District Chandauli was placed under suspension by order dated 14.05.1999 passed by the respondent no.4 due to alleged financial irregularities of depositing less amount to the tune of Rs.20,655/ - only (Rupees Twenty Thousand Six Hundred Fifty Five only) in the Government Treasury. Mr. V.K. Ojha, R.T.O., District Varanasi, the Enquiry Officer served a charge -sheet upon the petitioner on 12.04.2000. The petitioner filed a detailed written reply to this, wherein he denied the charges levelled against him. Several short comings were mentioned by the petitioner in his aforementioned reply. After the submission of the written reply to the show cause notice, the respondent no.4 awarded the punishment of "reversion and censure entry" to the petitioner by the impugned punishment order dated 21.08.2001. Since the petitioner was acquitted by the competent court of the law, therefore, the petitioner ought to have been restored on his original post of Senior Clerk with all the consequential service benefits. The respondent filed an Appeal No. 01/2011 against the judgment and order of the court of the Chief Judicial Magistrate, District Chandauli. The said appeal was dismissed by the court of the learned Sessions Judge, District Chandauli vide order dated 02.06.2011. (B). The petitioner after his retirement preferred a review representation to the respondent no.3 on 07.10.2013 for quashing the impugned punishment order and also filed Civil Misc. Writ Petition No.19652 of 2013 (Daya Shankar Mishra v. State of U.P. and 3 others) before this Hon'ble Court regarding to issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to decide the review representation dated 22.02.2013 which was dismissed on 11.04.2013.
(3.) Heard the learned counsel for both the parties and carefully studied the file. The main argument of the counsel for the petitioner is that; since the petitioner has been acquitted in the Criminal Case No.1859 of 2005 (State v. Daya Shankar Mishra) arising out of Case Crime No.22 of 1999, under Sections 409, 467, 468 and 420 I.P.C., Police Station Chandauli, District Chandauli by the court of the Chief Judicial Magistrate, District Chandauli vide its judgment and order dated 06.09.2005 and more so, it's Criminal Appeal No.01/2011 has been dismissed by the court of the learned Sessions Judge, District Chanduli by it's order dated 02.06.2011, the impugned order dated 21.08.2001, reverting the petitioner to the post of the Junior Clerk in the pay scale of Rs.3050 -75 -4590 and awarding censure entry and the appellate order dated 06.02.2002 are liable to be quashed.;