Hon’ble Devendra Kumar Arora, J.—Heard learned counsel for the parties.

2. By means of present writ petition, the petitioner is seeking a writ in the nature of certiorari for quashing of the order dated 30.3.2010 passed by the opposite party No. 2/ disciplinary authority, (contained in Annexure-1 to the writ petition), by which the punishment of the special entry and withholding of arrears of salary and allowances of suspension period has been passed. The petitioner also seeks a writ of mandamus commanding the opposite parties to make payment of arrears of salary and allowances of the suspension period forthwith alongwith interest.

3. Since in the present writ petition purely a legal question of law is involved, as such with the consent of parties the same is being considered and disposed of at the admission stage without calling any response from the opposite parties.

4. The brief facts of the case, as culled out from the pleadings of the writ petition, are that the petitioner is presently posted as Stenographer-II at Regional Office, Dairy Development Uttar Pradesh, Lucknow Mandal, Lucknow. One Sri Shree Bhagwan Sharma, Statistics/ Drawing Disbursing Officer, Headquarter, Dairy Development, Uttar pradesh made a complaint on 28.2.2007 to the Additional Dairy Commissioner, Dairy Development U.P., Lukcnow in respect of ‘Marpeet’ with him and also lodged an F.I.R. against three persons including the petitioner at Police Station Kotwali Hazaratganj, Lucknow, which was registered as Case Crime No. 126/2007, under Section 332 and 323 I.P.C.

5. The petitioner was placed under suspension vide order dated 1.3.2007 and disciplinary proceedings were initiated against the petitioner under U.P. Government Servants (Disciplinary & Appeal) Rules, 1999 (here-in-after referred to as the Rules, 1999) with the directions to the Enquiry Officer to submit enquiry report within a period of one month. The petitioner feeling aggrieved against the order dated 1.3.2007 approached this Court by means of Writ Petition No. 1704 (S/S) of 2007; Ram Shankar Srivastava v. State of U.P. and others. During pendency of the said writ petition, the charge-sheet dated 2.3.2007 was brought on record through supplementary counter-affidavit dated 18.4.2007. the petitioner after receipt of the charge-sheet alongwith supplementary counter-affidavit submitted his tentative reply to the charge-sheet on 25.4.2007 to the Enquiry Officer and subsequently final reply was submitted on 9.1.2008. The petitioner was provisionally reinstated vide oder dated 31.1.2008. The Enquiry Officer after conducting the detailed enquiry as per law submitted his report on 20.2.2008 before the Disciplinary Authority exonerating the petitioner from the charges. The Disciplinary Authority kept the matter pending and did not take any decision on the garb of pendency of writ petition before this Court. The Writ Petition No. 1704 (S/S) of 2007 was finally disposed by this Court vide judgment and order dated 2.2.2010 with the directions to the opposite party No. 2 to pass appropriate order latest by 31.3.2010 in accordance with law.

6. After the directions of this Court dated 2.2.2010 the petitioner was served with a show-cause notice dated 5.3.2010 requiring him to submit his reply on the proposed punishment of special entry and withholding of arrears of salary and allowances of suspension period. The Disciplinary Authority in the show-cause notice mentioned that after going through the documentary evidence and statement he disagrees with the findings of the Enquiry Officer and came to the conclusion that the charges levelled against the petitioner are proved and the petitioner was required to submit his reply against the proposed punishment. The petitioner submitted a detailed reply to the show-cause notice dated 18.3.2010 and it was specifically mentioned in his reply that the complainant Shree Bhagwan Sharma himself in his cross-examination clearly stated that the petitioner has never mi