JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Heard learned counsel for the parties.

2. Petitioner was employed as Junior Engineer in Cantonment Board, Ranikhet. He was dismissed from service after enquiry by an order dated 16.05.2009. Petitioner filed appeal against punishment order, which was partly allowed by General Officer Commanding-in- Chief, Central Command, Lucknow, vide order dated 12.09.2009. Operative portion of the said order is reproduced below:

“3. Consequently, the Appellant will be reinstated in service notionally from the date of his dismissal and will simultaneously be restored to the status of Junior Engineer under suspension based on suspension order dated 28 Feb 2009 issued by Cantonment Board, Ranikhet. He would not be entitled to any backwages.

4. The Cantonment Board, Ranikhet will frame/approve the charges afresh, institute denovo statutory inquiry with an impartial Inquiry Officer having no connections with the case and take appropriate decision against the Appellant in accordance with relevant Laws/Rules expeditiously.”

3. Consequent to the said order, departmental enquiry was initiated against petitioner, and disciplinary authority imposed punishment of compulsory ret