Suneet Kumar, J. - (1.) Heard Sri Ashok Mehta, learned Senior Advocate assisted by Sri Pradeep Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) The facts giving rise to the instant writ petition, briefly stated, is that petitioner came to be appointed on compassionate ground on the post of Junior Assistant Clerk on 3 July 1990. Petitioner was dismissed vide order dated 30 March 1999, passed by the second respondent-Disciplinary Authority/Joint Development Commissioner, Allahabad. The order of dismissal was subjected to challenge in a petition being Writ-A No.15413 of 1999. The writ petition came to be allowed on the ground that the principles of natural justice was flouted with impunity. The operative portion of order dated 21 November 2017, reads thus: "From the above discussion, it is clear that the legal requirements of conducting a fair and impartial inquiry and thereafter arriving on the fair conclusion, have been disregarded by the respondents, therefore, the dismissal order dated 30.3.1999 is hereby quashed. The petitioner shall be reinstated in service with 50 per cent of the arrears of salary because he did not submit any reply to the charge-sheet initially, which led to ex-parte inquiry against him. The respondents are at liberty to proceed against the petitioner departmentally afresh in accordance with law."
(3.) The order of the learned Single Judge came to be assailed by the second respondent in appeal being Special Appeal No.84 of 2018. The appellate Court modified the operative portion of the order, which reads thus:;