Judgment

S.B. Sinha, J.—These two appeals involving common questions of law and fact and arising out of the same judgment were taken up for hearing together and are being disposed of by this common judgment.

2. Sheo Shanker Lal Srivastava, Appellant in Civil Appeal No. 7539 of 2003, was appointed as a Stenographer in the Office of the Consolidation Commissioner, U.P. in the year 1963. He was deputed to work with the Lok Ayukta in the year 1978. One Arvind Kumar Singhal, Respondent No. 3, was appointed as a Typist in the said office in the year 1980. Since 1988 he has been working as a Public Relations Officer. The post of Personal Assistant, which the Appellant was holding was redesignated as Private Secretary. He was later on given a higher scale of pay of Rs. 3,000/- to Rs. 4,500/- by way of promotion with effect from 21.07.1995. Owing to certain acts of misconduct, the Appellant had been censured and warned. The Appellant was asked to hand over the key of his almirah but he refused to do so. He also used indecent language. The said alimirah was sealed. He was served with an order of suspension. The said seal on the almirah was broken at a later date i.e. 15.01.1988 and it was open