- (1.) A. K. Yog, J. Heard Sri Raj Kumar Jain, advocate on behalf of the petitioner and Sri Hanuman Upadhaya, learned Standing Counsel appearing on behalf of the respondents.
(2.) THIS petition under Article 226, Constitution of India, has been filed by Ali Abbas Abdi, petitioner, challenging order of termination dated 14-11-84 passed by the District Magistrate, Mirapur, com municated vide letter dated November 17, 1984, (Annexure 10 to the writ petition) passed by Assistant Records Officer, Robertsganj, Mirapur. When writ petition was filed ad interim order dated 13-12-84 was passed by the Division Bench of this Court. It reads: "learned Standing Counsel may file a counter-affidavit within three weeks. I there after. Meanwhile until further orders of this Court the operation of the impugned order of dismissal dated 14-11-84 as communicated to the petitioner through Annexure 10 to the writ petition dated 17th November, 1984 shall remain stayed. " Respondents' application for vacating the stay order was rejected by learned Single Judge vide order dated Sep tember 27, 1995. It reads: "heard learned counsel for the petitioner as also the learned Standing Counsel. After going through the materials on record I do not find any justification for vacating the interim order passed in the matter so, the interim order dated 13-12-84 is hereby con firmed. The stay vacating application is accord ingly rejected. Since the matter is a very old one, the writ petition requires to be disposed of expeditiously. "
(3.) BRIEFLY stated undisputed facts of the case are that the petitioner, who was working as Assistance Record Keeper in the record office, Mirzapur, was suspended and charge-sheeted. Notice was given on 23rd October, 1972. An Enquiry Officer was appointed and petitioner was charged of certain addi tional charges. The Enquiry Officer sub mitted report dated May 23rd, 1973. An 172 order of dismissal was passed on 18th June, 1973. Petitioner file departmental appeal, which have also been dismissed.;