Radhey Shyam Gupta vs U.P. State Agro Industries Corporation ... on 15 December, 1998
10. In view of the assertions made in the counter-affidavit it appears that the incident which occurred was the foundation and the petitioner was punished by way in the garb of termination order and if the allegations were proved then proper inquiry was to be conducted and the petitioner might have been ousted in accordance with law, but for the alleged offences misconduct and lapses on the part of the petitioner inquiry was conducted behind the back of the petitioner which became foundation and basis for termination of petitioner punishing the petitioner. The order simplicitor and the decision of Radhey Shyam Gupta (supra) squarely covers and protects the right of the petitioner. Therefore, the order impugned is set aside. However, the petitioner to be reinstated in service and the earlier past service shall be treated for the seniority purpose and 25% of back wages from the date of termination shall be paid to the petitioner within four months from the date of production of a certified copy of this order.