JUDGMENT :

(Manoj Kumar Gupta, A.C.J.)

1. The instant intra-court appeal is directed against the judgement of learned Single Judge dated 20.09.2022 by which the writ petition,[Writ-A No.11059 of 2012] filed by the non-appellant (hereinafter referred to as ‘the petitioner’) was allowed and the orders dated 15.01.2009, 4.11.2011 and 16.12.2011 were set aside. By order dated 15.01.2009, permission was granted by the Governor under Article 351-A of Civil Service Regulations to continue the disciplinary proceedings against the petitioner after he had attained the age of superannuation. By order dated 4.11.2011, the State Public Service Commission granted its approval to the proposed action against the petitioner and by order dated 16.12.2011, the Special Secretary, Government of U.P. has forfeited the entire gratuity of the petitioner and had directed for withholding of pension until the pecuniary loss allegedly suffered by the Government is recovered.

FACTS

2. The petitioner was appointed as Marketing Inspector in the Civil Supplies Department of Government of U.P. in 1972-73. In 1998, he was promoted to the post of Senior Marketing Inspector. In the year 2004, he was suspended and was se