Judgment

SHAH, J. : In 1951 the appellant Devendra Pratap Narain Rai Sharma held the post of "Inspector Qanungo" in the Revenue Department of the State of Uttar Pradesh and was elected for the post of Tehsildar on probation. By order dated April 21, 1952, the Collector of Jhansi suspended the appellant and commenced an enquiry against him on certain charges of misdemeanour. In June, 1952 the Collector recommended to the Land Reforms Commissioner, that, the appellant be reverted to the post of "Naib Tehsildar", but the Commissioner recommeded to the State Government that the appellant be dismissed from service. The State Government accepted the recommendation of the Commissioner and dismissed the appellant service, by order dated September 16, 1953. The appellant then commenced an action (Suit No. 163 of 1954) in the Court of the Civil Judge, Lucknow challenging the legality of the order of dismissal principally on the ground that he was not afforded the opportunity of defending himself and of showing cause against the action proposed to be taken against him. The Civil Judge dismissed the suit but the decree of the Civil Judge was reversed by the High Court of Judicature at Allahabad. The High Court held that reasonable opportunity was not afforded to the appellant either before the recommendation was made for imposing penalty or before imposing punishment and therefore the appellant was deprived of the protection of Art. 311 of the Constitution. The High Court, accordingly, allowed the appeal, set aside the decree of the Civil Judge and granted a declaration that the order passed by the Government of Uttar Pradesh dated September 16, 1953 purporting to dismiss the appellant was void, inoperative and illegal and the appellant must be deemed to continue in service.

2. The appellant was then by the Government of Uttar Pradesh Notification dated March 30, 1959, reinstated to his original post of Tehsildar. He was posted at Tehsil Puranpur in District Pilibhit and took charge of his office on April 28, 1959. The appellant then applied to the Accountant General of Uttar Pradesh for payment of arrears of salary and allowances due to him. The Accountant General, by letter dated May 18, 1959 informed the appellant that he was "entitled to draw pay and allowances with effect from April 28, 1959" and that as regards the arrears of pay and allowances for the period between April 21, 1952 and April 28, 1959, reference had, been made to the State Government about the terms and conditions of the appellant s reinstatement and that action would be taken on receipt of instructions in that behalf.

3. The appellant was again suspended by order dated July 11, 1959 issued by the Board of Revenue and was directed to hand over charge to the Naib Tehsildar of Tehsil Puranpur. On July 24, 1959, the Board of Revenue ordered that the salary of the appellant for the period between April 21, 1952 and the date of taking over charge of his duties as Tehsildar on reinstatement will be fixed as follows:-

(1) The pay from April 21, 1952 till the date of orders of his dismissal will be limited to the subsistence allowance of Rs. 76/11/- p.m. already drawn by him.

(2) The pay for the period from the date following the date of the order of his dismissal till the date of his taking over charge of his duties as Tehsildar on reinstatement will be fixed at Re. 1/- p.m. as token Pay.

The appellant was also informed that the period of his dismissal, i.e. April 21, 1952 to the date of his taking over charge of his office as Tehsildar on reinstatement will be treated as "on duty", and will count to wards pension.

4. The appellant applied on August 25, 1959 to the High Court at Allahabad by a petition under Art. 226 of the Constitution praying for a writ quashing the order directing enquiry into the allegations regarding his work and conduct as Tehsildar at Garautha, District Jhansi and for a direction setting aside the order of suspension dated July 11, 1959 and for a directi