PRADEEP KANT, RAN VIJAI SINGH, J. - (1.) THIS appeal has been filed by State of U.P. challenging the order passed by learned Single Judge dated 28.10.1999 by means of which the respondent's writ petition challenging the order of repatriation dated 3rd August, 1988 has been set aside and direction was issued to allow the respondent to continue as Supervisor in the Adult Education Department.
(2.) IT appears that the respondent applied for being selected on the post of Supervisor in the Adult Education Department when he was working temporarily in the Public Works Department. He was selected as such and joined the Adult Education Department on 9th December, 1983 and in pursuance of the selection he joined department of Adult Education but when it was detected that the respondent had not disclosed before the Adult Education Department that he was already in service of Public Works Department, at the time of his selection an explanation was called for on 16.6.1986 requiring him to explain as to why he has not disclosed the fact that he was working in the Public Works Department. It is said that the first notice was not replied to, but the respondent submitted his reply to the second notice, thereafter the order impugned has been passed repatriating the respondent to his parent department of Public Works. It is also an admitted fact that the petitioner after joining the Adult Education Department submitted his resignation in the Public Works Department which was duly accepted by the Superintending Engineer on 6.10.1986. The respondent assailed the order of repatriation mainly on the ground that his resignation was accepted by the Public Works Department on 6th October, 1986. His lien ceased in the said department from that date and, therefore, no order of repatriation could have been passed.
(3.) LEARNED Single Judge accepted the plea raised by the respondent and allowed the writ petition vide impugned order dated 28.10.1999 and directed that respondent be reinstated in the service forthwith on the post of Supervisor and shall be paid his salary etc.;