D.K. Seth, J. - (1.) The petitioner alleges the he was originally employed in the Directorate of Industries, Handicrafts Division, Kanpur. Subsequently his services were placed at the disposal of the respondent No. 1, U.P. Export Corporation Limited, Kanpur. Initially his service with the respondent No. 4, Director of Industries, Handicrafts Division was terminated, which, however, was alleged to be withdrawn. Ultimately the said order of termination was withdrawn and then the petitioner was confirmed as a Store Keeper. Despite such order dated 18th November, 1988, the petitioner rendered the service with the Corporation and he was even promoted to the post of Senior Clerk in the Corporation. Subsequently, he was further promoted in the year 1978 as Assistant Executive in the Corporation. He was, thereafter, again promoted to the post of Deputy Executive of the said Corporation. The petitioner claims that he had been on deputation during all the period with the Corporation. Therefore, according to him, the rules of the Corporation would not be applicable to him with regard to disciplinary proceedings. By an order dated 4th November, 1992, it is alleged that a sum of Rs. 25,000/- was sought to be recovered against the petitioner, against which a writ petition No. 479 (SS) of 1993 was moved before the Lucknow Bench, wherein by an order dated 14th January, 1993, the recovery was stayed. Thereafter, the petitioner was suspended on 15th February, 1994 on the ground that he was absenting from service as well as on the charge of causing a loss of Rs. 25,000/- to the Corporation. This order dated 15th February, 1994 has since been challenged in this writ petition No. 17357 of 1996 before this Court at Allahabad.
(2.) Mr. M.D. Misra, learned Counsel for the petitioners submits that the petitioner has retired on 30th June, 1988. No interim order, however, was passed in this writ petition.
(3.) The fact remains that in the writ petition, there is no pleading to distinguish that the present writ petition is not on same facts as prohibited in Rule 7, Chapter XXII of the Allahabad High Court Rules. However, Mr. Misra points out from the order dated 14th January, 1993 passed by the Lucknow Bench in the other writ petition that the said writ petition was concerned with the order dated 4th November, 1992. But there is no pleading as to the contents of the order dated 4th November, 1992. Mr. Misra, however, submits from the Bar that the said order was confined only to the recovery of Rs. 25,000/- only and it was neither an order of suspension nor a proposal to hold enquiry.;