SHABIHUL HASNAIN,J. - (1.) HEARD Sri B. N. Shukla, learned counsel for the petitioner and Sri Sharad Kumar Srivastava, for opposite party Nos. 2 to 5 while notice has been received on behalf of opposite party No. 1 by learned standing counsel.
(2.) THE petition was filed in the year 1992 seeking writ of mandamus directing the opposite parties to treat the petitioner as Assistant Traffic Inspector from 1989 and further to pay him all the arrears of salary and other arrear due to him, by proper fixation of salary alongwith other consequential benefits. Later on the petitioner was dismissed from service by an order dated 31.8.1993 after inquiry based on the charge-sheet dated 6.4.1988. The petitioner amended the writ petition and challenged the dismissal order as well as the charge-sheet and prayed for commanding the opposite parties to reinstate the petitioner on the post of booking clerk/Assistant Traffic Inspector with full salary and back wages alongwith consequential benefits. The amendment was made with the permission of this Court's order dated 4.10.2004.
(3.) THE case of the petitioner in brief is that as per the version of the opposite parties the petitioner was transferred from Unnao Depot to Fatehpur Depot vide order dated 5.2.1988 issued by the General Manager, but the petitioner neither received the aforesaid order nor handed over the charge to the concerned officer in spite of the repeated orders by the higher officers and contrary to the same remained working Beeghapur Bus Station of Unnao Depot voluntarily. As such departmental inquiry against the petitioner was initiated against the alleged misconduct for non-compliance of the alleged transfer order dated 5.2.1988. In fact no such transfer order was ever received by the petitioner nor he refused to receive the same. Therefore, there was no case of non compliance of the alleged transfer order.;