- (1.) Heard Sri M.D. Singh Shekhar, learned Senior Advocate assisted by Sri Ashvani Kumar, learned counsel for petitioner; learned Standing Counsel for respondents, and perused the record.
(2.) It is submitted that earlier reversion order dated 30.4.1997 passed by Director of Education(Basic)/respondent no.2 was set aside by this Court in Civil Misc. Writ Petition No.6587 of 1999 vide order dated 30.3.1999 which reads as under:- "The petitioner was Project Officer. As a result of departmental enquiry he was reverted on 30-4-1997. Thereafter by an order dated 15.12.1998 the respondents directed for recovery of Rs. 43,82,220/-. The petitioner approached this Court mainly on the ground that before passing the order no inquiry, or notice or opportunity was given to the petitioner. The State Government filed a counter affidavit. The State Government could not rebut the grounds. We, therefore, find the order directing recovery/against the petitioner is patently illegal. The petitioner is entitled to be heard before ordering for such recovery. The impugned order, can not be sustained. The impugned order is quashed and set aside. The writ petition is accordingly allowed. However, the State Government is at liberty to take a decision in this matter. There will be, however, no order as to costs."
(3.) In compliance of the liberty given to respondents to take decision in accordance with law, they proceeded Court instead of holding disciplinary enquiry and giving opportunity of hearing to petitioner, summoned petitioner to explain his conduct and thereafter passed impugned order of punishment again reviving earlier order of reversion dated 30.4.1997 which was already set aside by this Court.;