ARUN TANDON,JJ. - (1.) Heard Sri Ram Gopal Tripathi, learned counsel for the appellants and Sri Amit Saxena, learned counsel for respondent and also perused the record.
(2.) This is an intra Court appeal is directed against the order dated 13.5.2016 passed on the Review Application No.80195 of 2016 in Writ Petition No.12264 of 2015, Irfan Ahmad v. U.P. Co-Operative Federation Ltd. and 3 others . It is necessary to set out the fact leading to this appeal in short.
(3.) Irfan Ahmad, writ petitioner was appointed as Assistant in the office of Manager U.P. Co-operative Federation Ltd on 30.3.1973. Departmental proceedings were initiated against Irfan Ahmad in the matter of loss of goods. He was placed under suspension vide order dated 23.12.2000.The disciplinary proceedings resulted in passing of order by the District Manager, directing recovery of loss of the goods to the extent of 50% from the petitioner i.e Rs. 3,11,333/-. Petitioner Irfan Ahmad filed Writ Petition No.20540 of 2003, which was allowed on 5.2.2003. It is worthwhile to reproduce the following paragraph of the judgement dated 5.4.2012 which is is quoted as under:- "The Supreme Court has held that in such a situation when principles of natural justice are violated, reinstatement should be ordered and nor any direction for payment of arrears of salary should be given and the termination order will remain, but shall be subject to the fresh consideration after compliance of the principles of natural justice. Thus, when the principles of natural justice have been violated in the instant case, it will be appropriate to issue direction for reinstatement of the petitioner. The respondents shall proceed with the enquiry from the stage the petitioner submitted a reply to the charge-sheet and conclude it expeditiously and the impugned order dated 6.2.2003 passed by the Managing Director of the UPCF shall be subject to the result of the fresh consideration. The writ petition is allowed to the extent indicated above.";