Hon’ble Ram Surat Ram (Maurya), J.—Heard counsel for the petitioner and Standing Counsel for the respondents.

2. This writ petition has been filed for quashing the order dated 19.6.2006, passed by Director of Agriculture, U.P. at Lucknow (respondent 2), by which the petitioner has been terminated from service and it has been directed to recover Rs. 1,33,262.10 from the arrears of the petitioner or otherwise; and the order dated 21.6.2007 passed by the State of U.P. (respondent 1), by which the appeal of the petitioner has been dismissed.

3. The petitioner was appointed as ‘Soil Conservator Inspector, Grade II’ in Agriculture Department of State of U.P. on 17.8.1966. The petitioner was posted as Incharge, Government Agriculture Seed Store, Mankapur, Gonda in the year 1986. The petitioner was transferred by the order of District Agriculture and Planning Officer, Gonda dated 20.12.1986 from this place and he was directed to hand over charge of the Seed Store to one Amber Singh. The petitioner did not comply with the order dated 20.12.1986, as such, a fresh order dated 5.8.1987 was passed and the petitioner was directed to hand over charge to Devendra Singh. The petitioner again did not comply with the aforesaid order. Therefore, the Seed Store was sealed on 20.11.1987.

4. Subsequently, the charge of the Seed Store was taken by the District Authority on 29.1.1988. After taking charge of the Seed Store, deficiency in the stocks were found, for which, Additional District Agriculture Officer, Atraula submitted a report. On the basis of the aforesaid report, a FIR was lodged on 27.2.1988, registered as Case Crime No. 23/1988 under Section 409 IPC, against the petitioner.

5. The criminal case was referred for investigation to Special Investigation Cell, Crime Investigation Department, Lucknow, who has taken custody of the entire documents of the Seed Store and on its basis, investigation was made and charge-sheet was submitted on 31.12.1988 to the Court of Chief Judicial Magistrate, Gonda. Thereafter, on the application of Investigation Officer, the records were sealed by the order of Additional Chief Judicial Magistrate, Gonda dated 3.5.1989.

6. In the meantime, the petitioner was suspended on 9.12.1987. Thereafter, by the order dated 22.12.1988, an Inquiry Officer was appointed, who issued charge-sheet to the petitioner on 31.12.1988 and supplementary charge-sheet on 6.7.1989. Due to the criminal case being registered against the petitioner, he was not available in the Office, as such, charge-sheet could not be served upon him. In the Inquiry Report dated 27.6.2003 as well as in the order dated 19.6.2006, it has been mentioned that charge-sheets were served on the petitioner through District Jail Superintendent, Gonda on 23.9.1989. It appears that at that time, the petitioner was detained in jail in Crime No. 23 of 1988, as such, he could not submit his reply to the charge-sheet within time allowed by the Inquiry Officer. Subsequently, on 5.1.1990, the petitioner moved an application for supplying the documents relied upon in the charge-sheet. But the documents were not supplied, as such, the petitioner could not submit his reply. The Inquiry Officer therefore, conducted an ex parte inquiry and submitted inquiry report dated 22.1.1993.

7. The Director of Agriculture, U.P. Lucknow was not satisfied with the inquiry report, as such, he by order dated 22.3.1993 appointed a second Inquiry Officer to conduct fresh inquiry against the petitioner. The second Inquiry Officer could not conduct the inquiry, and in the meantime, he died on 11.8.1995. Therefore, the Director of Agriculture by order dated 6.10.1995, appointed Sri M.A. Chaudhary, Joint Krishi Nideshak (Prasar), Faizabad Division, Faizabad as third Inquiry Officer and directed him to conduct fresh inquiry.

8. The records were sealed in criminal Court, therefore, documents relied in the charge-sheet were not supplied to the petitioner. The petitioner was asked to inspect the