Vivek Kumar Birla, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel. Counter and rejoinder affidavits have been exchanged and with consent of learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.
(2.) Present writ petition has been filed seeking quashing of the order dated 6.2.2013 passed by respondent no. 2 only to the extent that the same denies arrears of salary for the period of which the petitioner was under suspension and out of employment pursuant to the dismissal order, which was set aside by this Court vide its order dated 30.8.2011.
(3.) Relevant facts of the case in brief are that regarding an incident of abduction that had taken place on 24.7.2005 the petitioner was suspended. On the statement of one of the relatives of accused person that the accused persons were introduced to a tailor for measurement and procurement of police uniform who have allegedly abducted one Sri Kedar Nath Agrawal, initially the petitioner was suspended on 8.8.2005. The suspension was revoked on 11.3.2006, however, the petitioner was again placed under suspension vide order dated 17.4.2006 and thereafter his services were terminated vide order dated 28.4.2006 by the Senior Superintendent of Police, Varanasi invoking provisions contained under Rule 8 (2) (b) of U.P. Police Officers of the Subordinate Rank (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the Rules). The aforesaid order was challenged by the petitioner by filing Writ A No. 25796 of 2006, Rakesh Singh v. State of U.P. and others , which was allowed vide judgment and order dated 30.8.2011 quashing the order of termination and leaving it open to the disciplinary authority to pass fresh orders after holding due enquiry in accordance with law and to pass suitable orders as to whether the petitioner would be entitled to any salary as a result of setting aside of the termination order. Thereafter, the petitioner was reinstated in service vide order dated 26.3.2012 and enquiry was directed. Thereafter enquiry was conducted and enquiry report dated 22.10.2012 was submitted by the Circle Officer, Sadar, Varanasi who found that the charges against the petitioner are not proved. This enquiry report became final and the petitioner was reinstated in service vide order dated 6.2.2013, however, it was provided by the impugned order that no salary and other benefit shall be payable to the petitioner for the period during which he was out of service on the basis of 'no work no pay'.;