- (1.) This intra court appeal has been filed against the judgment and order of the learned Single Judge dated 21.04.2016 passed in Writ Petition No. 41581 of 1996, whereby the writ petition filed by the petitioner challenging the order of termination dated 05.12.1996 passed by the Director, Niyukti, U.P. Hindi Sansthan, Lucknow has been allowed.
(2.) The learned Single Judge, after going through the records of the writ petition, the counter affidavit as also the supplementary counter affidavit filed by the department, arrived at a conclusion that the services of the petitioner had not been terminated by a simpliciter order of termination but is punitive in nature.
(3.) Disciplinary proceedings were initiated against the petitioner. The charge sheet and show cause notice were served. After the inquiry report was submitted before the disciplinary authority, a show cause notice was issued to the petitioner to which no reply was given by the petitioner. The disciplinary authority simply terminated the services of the petitioner on the ground that the petitioner's services are no more required in the institution. It is also recorded in the termination order that the petitioner would not get anything over and above the subsistence allowance received during the period of suspension. In lieu of notice, one month salary was accorded.;