Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the appellants on Civil Misc. Delay Condonation Application No. 344900 of 2014 and perused the affidavit filed in support of this application. Cause shown for delay in filing the special appeal is sufficient. Delay is condoned and the Application for Condonation of Delay is allowed.

2. Heard learned counsel for the appellants on merit of the appeal also and perused the record.

The appellants have filed this intra Court appeal challenging the validity and correctness of the impugned judgment and order dated 24.7.2014 passed by the Writ Court in Civil Misc. Writ Petition No. 30714 of 2012, Aziz Ullah v. Dakshinanchal Vidyut Vitran Nigam Limited and others, whereby the aforesaid writ petition was allowed.

3. Brief facts giving rise to the instant appeal are that the respondent was initially appointed in 1971 as Kuli on Class-IV post with Dakshinanchal Vidyut Vitaran Nigam Limited, Agra, and thereafter on qualifying examination, he was promoted on Class-III post as Technical Grade-II (TG-2). The minimum qualification for promotion is that the incumbent apart from qualifying the examination must be a High School. On 6.8.2008, appellant No. 3, Executive Engineer, Electricity Distribution Division, Dakshinanchal Vidyut Vitaran Nigam Limited, District Banda issued a show-cause notice directing him to produce his High School certificate. Pursuant thereto, he approached appellant No. 3 alongwith original mark sheet as well as certificates, However, appellant No. 3 did not examine the original mark sheet and again a notice was issued on 20.10.2008 calling upon the respondent to submit his mark sheet. Similar notice was issued on 5.9.2009. In response thereto, the respondent submitted a detailed reply on 3.10.2009 and due to the pendency of the enquiry, he was not given the benefit of “Sixth Pay Commission” hence he preferred Civil Misc. Writ Petition No. 75588 of 2010 praying that the pending enquiry be concluded and finalized which was dismissed vide judgment and order dated 4.1.2011. The judgment and order dated 4.1.2011 reads thus :

“Heard learned counsel for the parties.

It appears that some enquiry is going on against the petitioner with regard to authenticity of papers submitted by the petitioner and in pursuance thereto the petitioner has been asked to submit certain document vide orders dated 7.4.2010 and 23.9.2010.

It is stated by the petitioner that he has supplied all the documents but no decision is being taken.

If that is the case, the respondents may complete the said enquiry within six weeks from the date of submission of a certified copy of this order, provided the petitioner cooperates.

Subject to the aforesaid, this petition is dismissed.”

4. In compliance of the aforesaid judgment and order dated 4.1.2011 of the High Court, inquiry was conducted against the respondent in which it was found by the Enquiry Officer that the original documents submitted by the respondent-employee do not tally with High School Certificate of the respondent. He was found guilty in the enquiry and vide order dated 14.5.2012 his services were terminated.

5. Aggrieved by the order dated 14.5.2014 the respondent preferred Civil Misc. Writ Petition No. 30714 of 2012, Aziz Ullah v. Dakshinanchal Vidyut Vitaran Nigam Limited and others, which was allowed vide judgment and and order dated 24.7.2014, hence the instant appeal.

The impugned judgment and order of the Writ Court is assailed on the ground that the Writ Court has failed to consider that the respondent does not fulfill eligibility criteria for the post of T.G.-2 and has been promoted on the basis of forged certificate, hence he has caused financial loss to the Nigam; that the enquiry was held of which proper notice and opportunity was given to the respondent to put his defence and thereafter on the basis of proper scrutiny the order dated 14.5.2012 terminating his services was passed, hence in view of the law laid down by the Apex C