Irshad Ali, J. - (1.) Heard Sri Apoorva Tiwari, learned counsel for the petitioner and to the learned Additional Chief Standing Counsel for the respondents.
(2.) By means of the present writ petition, the petitioner has challenged the order dated 6.2.2012, whereby the petitioner has been awarded major penalty in a disciplinary proceeding initiated against him. With the further prayer, restraining the respondents not to make recovery from the petitioner in pursuance to the impugned order dated 6.2.2012, prayer to release all the post-retiral benefits to the petitioner including the salary with effect from 21.1.2008 to 13.1.2009 and arrears of salary with effect from 13.1.2010 to 6.2.2012 for the period the petitioner remained under suspension i.e. from 13.1.2010 to 6.2.2012.
(3.) The brief facts of the case is that the petitioner was selected and appointed as clerk in the year 1972 in the respondent's department. The work and conduct of the petitioner was found satisfactory and was granted promotion on the post of Marketing Inspector in the Department of Food & Civil Supplies. The petitioner was posted on the post of Godown Incharge of Amaniganj Center, District Faizabad, in the year 2008 and thereafter he was transferred to Chitrakoot, vide order dated 30.6.2008, passed by the Commissioner, Food and Civil Supply, U.P., Lucknow. The petitioner in spite of transfer was retained at Amaniganj Center in District Faizabad and could not be relieved from his assignment. Vide order dated 31.7.2008, Sri Guru Chararn Verma, Marketing Inspector, was posted at the place of petitioner with a direction to the petitioner to hand-over the charge of the post to Sri Guru Charan Verma, who took charge on 4.1.2008 from the petitioner after verification of food-grains and material available in the godown. In this regard, Sri Guru Charan Verma wrote a letter to the District Food Marketing Officer, Faizabad, explaining therein that he had taken charge from the petitioner.;