Ritu Bahri, J. - (1.) The present petition is for issuance of writ in the nature of certiorari quashing order dated 13.03.2015 (P -5) passed by respondent No. 4 to to extent to commence the departmental disciplinary proceedings vide which action under Regulation 7 of HSEB (P&A) Rules 1990 has been taken against the petitioner on absolutely identical and same charge against the petitioner has faced the criminal proceedings and has been acquitted by this Court vide order dated 22.05.2014.
(2.) Petitioner was appointed as T. Mate on 03.03.1979 and on 07.10.1985 was promoted as ALM. One F.I.R No. 179 dated 03.09.1998 was lodged against him under Sec. 7(13) of the Prevention of Corruption Act, 1988 for demanding and accepting the illegal gratification and vide judgment dated 08.05.2003/09.05.2003, petitioner was found guilty of an offence punishable under Sec. 7 (13) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of 02 years.
(3.) Petitioner was then placed under suspension vide order dated 15.09.1998 w.e.f 03.09.1998 to 29.03.2001 and during this period, he was paid substance allowance at rate of 50% of salary and on 30.03.2001, petitioner resumed duty and remain on duty till 10.02.2004. Respondent No. 4 terminated the services of the petitioner, vide order dated 11.02.2004.;