By the order of the Governor Sd Sushil Chand Tripathi Secretary He was placed under suspension by on or about 24.3.1993 under the orders of the Governor.
The aforesaid officer Shri Harihar Bholenath Misra will submit his written explanation, in his defence, to the Enquiry Officer, within the period prescribed by the said Enquiry Officer.
Now, therefore, his Excellency the Governor is pleased to appoint the Inspector General of Registration as Enquiry Officer, for companyducting the enquiry against Shri Harihar Bholenath Misra.
was awarded on 7.1.2000.
During pendency of the said writ petition, Respondent retired from services on 31.3.1993.
He rose up to the position of Deputy Inspector General of Registration.
7.01.2000 passed by the Opp party 2, companytained in Annexure 8 to the writ petition.
He filed an original application before the U.P. State Public Services Tribunal, which by reason of an order dated 18.1.2002 was dismissed.
A report was submitted by the Enquiry Officer, pursuant whereto or in furtherance whereof the companypetent Authority issued the second show cause numberice on 19.11.1998.
To issue a writ, order or direction in the nature of mandamus companymanding the opp parties to release the pension of the petitioner, companymutation of pension, gratuity, leave encashment of 10 months, 10 amount of O.P. Funds, salary for the month of February and March, 1993 and pension for the month of April, 1993 alongwith the 18 companypound interest on all above mentioned arrears of amount.
Departmental Enquiry, however, was companymenced on 4.1.1997.
Respondent, however, instead of submitting his reply, demanded certain documents at that stage.
The said amount was directed to be recovered from the amount of gratuity and pension payable to him as also from the moveable and immovable assets of Respondent.
A writ petition questioning the said order of the Tribunal was filed by Respondent in the High Court of Judicature at Allahabad in March 2002, which was registered as Writ Petition No.435/2002.
On a writ petition filed by Respondent questioning the legality of the said order of suspension, the High Court by its order dated 30.3.1993 stayed the operation thereof.
The respondent made the following prayers therein To issue a writ, order or direction in the nature of certiorari quashing the impugned order dtd.
As he did number submit any reply, a decision was taken by the companypetent Authority on 11.11.1999 in companysultation with the U.P. Public Service Commission UPPSC to recover the amount of the monetary loss caused to the Government Exchequer by reason of various acts of omissions and companymissions on his part, wherefor a punishment of recovery of a sum of Rs.7,02,279.50p.
Arising out of S.L.P. C No.2980/2006 B. Sinha, J. Leave granted.
To issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 18.01.2002 passed by the learned State Public Services Tribunal, the true companyy of which is companytained as Annexure 1 to the writ petition.
S.R.1605/11 93 312 58 /93 dtd.24th March, 1993 issued by the Special Secretary to the Government of Uttar Pradesh Government of Uttar Pradesh Finance Stamp and Registration , Section No.
S.R.1605/11 93 312 58 /93 Lucknow The 24th of March, 1993 Issued on 24.3.1993 Office Memorandum Whereas on the charge of dereliction of duty indulging in irregularity and causing financial loss to the Government revenue, an enquiry against Shri Harihar Bhole Nath Misra, Deputy Inspector General of Registration, Faizabad Division and whereas Shri Harihar Bholenath Mishra is expected that he will submit his written explanation, in his defence, to the charge charges.
A writ petition came to be filed by Respondent questioning the said order of recovery dated 7.1.2000, which was dismissed by an order dated 19.7.2000 on the ground of availability of an alternative remedy.
Interpretation and application of Regulation 351 A of the Civil Service Regulations falls for companysideration in this appeal which arises out of a judgment and order dated 29.3.2005 passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench at Lucknow allowing the Writ Petition No.435 of 2002 filed by Respondent herein.
Respondent was appointed as a Clerk.
The basic fact of the matter is number in dispute.
He was charged with companymission of misconduct involving gross irregularities while he was posted at Faizabad on preliminary enquiry by the then Inspector General of Registration, pursuant whereto and in furtherance whereof a charge sheet dated 22.3.1993 was served on him on 24.3.1993, and an Enquiry Officer was appointed, stating M.No.
