P N AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition was filed challenging the order passed by the State Public Services Tribunal dated 19.5.1986 and 5.7.1986 and the order dated 8.7.1991 passed by the appellate authority.

(2.) THE petitioner, during the pendency of the writ petition, moved an amendment application in pursuance of the order passed by this Court at Allahabad dated 14.12.1995, wherein he challenged the order passed by the State Public Services Tribunal, challenging a part of the aforesaid order. The said writ petition was dismissed giving liberty to the petitioner to amend the present writ petition. Thereafter, an amendment application was moved and the same was allowed and the order dated 12.7.1978 is also under challenge.

(3.) THE facts giving rise to the present writ petition are that the petitioner was suspended by means of order dated 20.6.1974, but subsequently the said order was recalled by the State Government and he was reinstated by means of order dated 24.5.1977. The petitioner was not satisfied with the merit of the order and, therefore, he proceeded to challenge the said order by means of a claim petition before the State Public Services Tribunal against the order dated 24.5.1977. The Tribunal allowed the claim petition partially, but so far the dismissal order was concerned, the same was maintained and the second part of the order was set aside. The said order was subjected to challenge before the High Court by means of Writ Petition No.3474 of 1981, which was dismissed vide order dated 14.12.1995. After reinstatement of the petitioner vide order dated 24.5.1977, a charge sheet was issued to him dated 31.12.1979 levelling two charges against him; first charge was for non compliance of order dated 24.5.1977 and failed to join at Gorakhpur and the second charge was of non submission of explanation to the letter dated 16.1.1979. The petitioner submitted reply to the charge sheet on 8.1.1980. On 2.4.1982, the petitioner submitted joining at Temporary Road Survey Division, Gorakhpur and by means of letters dated 28.4.1982 and 12.8.1982, instructions were sought by the Executive Engineer Gorakhpur from higher authorities in respect of joining of the petitioner. The enquiry officer submitted his report on 20.7.1983 only and the first charge regarding non joining was not proved against the petitioner, whereas the second charge was found to be proved.