Hon’ble Devi Prasad Singh, J.—Heard learned counsel for the parties.

Present writ petition under Article 226 of the Constitution of India has been preferred against the impugned order of dismissal from service. The question cropped up in the present case is ; whether only because of compliance of the judgment and order passed by the High Court without seeking prior permission of the superiors, the services of an employee can be dismissed treating the action as misconduct?

2. The brief facts giving rise to the present writ petition is that the petitioner was posted as Registrar Kanungo in Tahsil Sandeela, District Hardoi. One Bhawani Prasad approached this Court by preferring a Writ Petition No. 9892 of 1989, which was allowed by judgment and order dated 22.1.1992, a copy of which has been filed as Annexure 4 to the writ petition. The operative portion of the judgment and order dated 22.1.1992 is reproduced as under :

“In view of above, I am of the opinion that the consolidation authorities incorrectly denied petitioner’s claim. The writ petition, therefore, deserves to be allowed and is hereby allowed and the order passed by all the three consolidation authorities are hereby q