JUDGMENT :

Rajnish Kumar, J.

1. The petitioner has approached this Court challenging the order dated 04.02.2009, by means of which a decision has been taken that the order dated 24.11.2001, by which the petitioner was dismissed from service would remain as it is. The petitioner has further prayed for a direction to pay the full salary to the petitioner for the period 23.08.2008 to 04.02.2009 and to reinstate him into service with all consequential service benefits w.e.f. 09.08.1996 and also to pay him salary regularly.

2. The facts, in brief, for adjudication of the case are that the petitioner was initially appointed as Junior Clerk on 01.05.1980 by the District Development Officer, Raibareily and he was posted in Block-Sataon. Thereafter he also remained posted at Block Bahadurpur, and in the office of Assistant Registrar Cooperative Societies, District Raibareily. The petitioner was transferred from Block-Sataon to the office of the Principal, Regional Institute of Rural Development Raibareily where he was assigned the work in the Account section of the institute. On 23.06.1995 a Cheque No.92-SB/25-062270 for Rs.1020/-was issued by the Principal of the institute under his signature. As per the duties assigned to the petitioner, he was required to get it encashed from the bank and bring the amount of the said cheque to the institute and to make entry of the same in their cash book. The said cheque was presented by the petitioner in the bank on 24.06.1995 but the same was not encashed as interpolation was detected in the cheque by the officer passing the said cheque and the amount was altered from Rs. 1020/-to Rs. 91020/-. Thereafter the cheque was returned by the bank to the petitioner and the petitioner after getting the same brought it to the institute and informed the Principal who cancelled the cheque. The Principal issued another cheque of the same amount on 26.06.1995, which was got encashed by the petitioner. The petitioner was transferred on 10.07.1995 from the said institute to Block-Amawan, District-Raibareily, where he joined on 17.07.1995.

3. While the petitioner was working there, a charge sheet was issued to him by the District Development Officer on 19.08.1995 levelling two charges; First regarding the attempt of embezzlement of Rs.90,000/-by making interpolation in the Cheque No. 062270 dated 23.06.1995 and the second that the petitioner did not inform full facts to the Principal and got another cheque No. 0622271 dated 26.06.1995 issued from him. The petitioner had submitted his reply to the charge sheet on 26.10.1995 denying all the charges therein. The enquiry was conducted by the Block Development Officer-Harchandpur and the enquiry report was submitted exparte without affording any opportunity of hearing to the petitioner by fixing date, time and place for holding the enquiry and without examining any witnesses etc. The petitioner was issued a show cause notice but the enquiry report was not supplied to him and the same was supplied only when the demand was made by the petitioner. The petitioner submitted his reply to the show cause notice. Thereafter the punishment order dated 09.08.1996 was passed by means of which the petitioner was dismissed from service.

4. The petitioner preferred a claim petition No.174 of 2001, which was allowed by means of the judgment and order dated 05.09.2001 and the order of dismissal dated 09.08.1996 was quashed with all consequential service benefits. However, liberty was granted to hold the enquiry from the stage of submission of the reply to the charge sheet. In pursuance thereof, the petitioner joined on 13.09.2001.

5. In pursuance of the judgment and order dated 05.09.2001, a fresh enquiry was initiated on 31.10.2001 as per the liberty granted by the Tribunal after giving the copy of the statement of the concerned clerk to the petitioner and permitting him to make cross examinations by way of question answer only but without holding any oral enquiry. The petitioner moved an