A.K. Yog, J. - (1.) Chandrabhan Singh, petitioner has filed present petition challenging order of termination dated 08th November, 1988 (Annexure-6) passed by Inquiry Officer, Incharge Nagar Palika, Banda and the order dated 29th June, 1989 passed by the Commissioner, Jhansi Region, Jhansi dismissing the appeal filed by the petitioner against the order of termination dated 10th August, 1988.
(2.) While the present writ petition was filed, an interim order was passed by this Court, which reads thus:- "Issue notice. Until further orders of this Court the operation of the orders dated 8.11.88 and 29.6.1989 (Annexures 6 and 7 to the writ petition) shall remain stayed. Sd/- Hon'ble A. Singh, J."
(3.) In view of the interim order, petitioner contends that he was not allowed to work in compliance to the said order dated 10th August, 1988 for few years, but subsequently he was allowed to join and is still functioning and getting salary. This position has not been disputed by the learned counsel for the Respondent Sri C.B. Singh. Taking into account the de-facto position that the petitioner, in spite of the termination order, worked and paid his salary after joining. It, therefore, transpires that writ petition virtually stood partially allowed and before taking final decision, this factor is still to be taken into account. This Court must not ignore human aspect and equities from the angle of both the parties.;