SAURABH SHYAM SHAMSHERY,J. - (1.) Order on Civil Misc. Delay Condonation Application No.2 of 2019. There is a delay of six days in filling the appeal. This application has been filed to condone the delay. Cause Shown for the delay has been satisfactorily explained. There is no objection from the side of the respondents. Delay condonation application is allowed and the delay is condoned. Office is directed to allot regular number in the appeal. Order on Appeal Heard learned counsel for the parties and perused the record. This special appeal has been filed against the order dated 22.07.2019 passed by the learned Single Judge in writ petition No.10990 of 2019.
(2.) The facts of the case as set out in the petition are summarized as follows: The petitioner was appointed on the post of Cashier-cum-Clerk and was promoted to the post of General Manager Grade-I, at Agra. An FIR pertaining to case crime No.447 of 1996 under Section 467, 468, 419, 420, 471 I.P.C. was lodged and in the meantime departmental enquiry was initiated against the petitioner by issuing a charge-sheet against him on 05.02.1998.
(3.) By order dated 31.07.2000, petitioner was dismissed from service, against which he filed an appeal which was also dismissed vide order dated 16.09.2000. Feeling aggrieved by the said order thereafter, he filed a review application which was dismissed on 21.08.2002. Later on, the petitioner was acquitted in the aforesaid criminal case on 25.01.2007. Thereafter, the petitioner filed a Writ Petition No.6257 of 2019 for the following reliefs: "(i) Issue a suitable writ, order or direction in the nature of mandamus commanding/directing the Revenue Committee of respondent-bank to decide the review petition filed by the petitioner considering acquittal order dated 25.01.2017 passed in Criminal Case No.276 of 2014 (State Vs. R.C. Dhall), pertaining to case crime No.447 of 1996, Police Station Rakabganj, District Agra, under Section 420, 409, 467, 468 and 471 I.P.C. well within reasonable time to which this Hon'ble court may deem fit and proper under the circumstances of the case. (ii) Issue a suitable writ order or direction in the nature of mandamus commanding/directing the respondents not to give effect to the impugned order dated 31.07.2000 affirmed by the appellate authority on 25.10.2001, treating that the order of dismissal of petitioner from service have never been passed in accordance with law and the petitioner is liable to be reinstate din service with all consequential benefits including arrears of salary and complete provident fund on the basis of acquittal order dated 25.10.2017 passed in Criminal Case No.276 of 2014 (State Vs. R.C. Dhall), pertaining to Case Crime No.447 of 1996, Police Station Rakabganj, District Agra, under Section 420, 409, 467, 468 and 471 I.P.C. in accordance with law." ;