S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has challenged the demand notice dated 18th April. 1997, punishment order dated 9th July. 1999 and the appellate order dated 9th November. 1999.
(2.) THE case of the petitioner is that he was suspended on 23rd February, 1995 and proceeded departmentally. Another person along with petitioner, namely, A Rafay (since deceased) was also suspended and proceeded departmentally for same set of charge on the basis of same set of evidence. During the pendency of the departmental proceedings, by order dated 18th April. 1997, the petitioner was asked to pay back a sum of Rs. 2.15 lacs to the disciplinary authority. The same order was also passed in respect to late. A. Rafay, thereafter, in the departmental proceeding though the Enquiry Officer declared the petitioner and A. Rafay not guilty, but both of them were dismissed from service. The petitioner was dismissed, vide order dated 9th July. 1999 which was affirmed by the appellate order dated 9th November. 1999.
(3.) THE petitioner earlier moved before this Court against the order dated 18th April. 1997 in CWJC. No. 1373 of 1997 (R), which was disposed of on 27.1.1998 with direction to petitioner to prefer appeal.;