( 1 ) HEARD Sri Siddarth Srivastava, learned counsel for the petitioner, Sri R. K. Tewari, learned counsel for the respondent and perused the record.

( 2 ) JAL Shanker Misra (petitioner) filed this petition under Article 226, Constitution of India in march, 1998, after serving a copy of this petition, as required under Rules of Court, in the office of chief standing counsel.

( 3 ) NO counter-affidavit has been filed in spite of opportunity to the respondent.

( 4 ) PERUSAL of the order passed by the concern Government authority dated 18th March, 1998, shows that petitioner was restrained from discharging his duties on the allegation that some first information report (no details given) was lodged against him on the ground of obtaining initial appointment with the help of alleged forged document (no details given ). In pursuance, thereof, impugned order dated 24th March. 1998 (Annexure-1 to the writ petition) has been consequently issued by Prabhari Chikitsa Adhikari/medical Officer, Rajkiya Homeopathic Chikitsalay Kathari maharajganj on the ground that appointment of the petitioner was suspicious and he was not an employee of the department.

( 5 ) EARLIER petitioner wa