Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Restoration Application (MCC) No. 249/2008 On behalf of Sher Singh Rawat ……Applicant/Petitioner IN Writ petition (S/S) 1642 of 2003 (Old No.6766 of 1996) Sher Singh Rawat S/o Late Sri Mohan Singh Rawat, R/O Village-Chhougaon Chhina, P.O.-Dewaldhar-Via-Bilauri, District-Almora ………Petitioner Versus Commissioner, Food and Civil Supplies, Uttar Pradesh, Lucknow. ……Respondent. Sri N.S Negi, learned counsel for the petitioner, Sri H.M Raturi, learned Standing Counsel for the respondent. Date: March 19, 2008. Hon’ble P.C.Verma,J. This restoration application has been filed to recall the order dated 14.02.2008 by which the petiton has been dismissed for want of prosecution. The grounds mentioned in the affidavit are satisfactory to allow the application. The restoration application is allowed. Order dated 14.02.2008 is recalled and the petition be restored to its original number. Heard the learned counsel for the parties on the merit of writ petition. This petition has been filed by the petitioner against the order of his suspension passed by the respondent on 27.02.1996, contained in Annexure No.1 to the writ petition. The allegation levelled against the petitioner in the suspension order was irregularities committed by him in maintaining the foodgrain store and put a loss of Rs. 15,83,053.70 to the department. On 05.11.1996 when the petiton came before the court, the following order was passed: “Notice on behalf of opp. parties has been accepted by the Chief Standing Counsel, who prays for and is allowed four weeks’ time to file counter affidavit. Rejoinder affidavit may be filed within one week thereafter. Heard learned counsel for the petitioner as well as learned standing counsel. Learned counsel for the petitioner states that suspension order was passed on 27th Feb., 1996, but no charge-sheet has been served on the petitioner so far. In view of the above fact, it is directed that opp.parties shall serve charge-sheet on the petitioner by 15th Nov., 1996 In case they fail to do so, then the operation of suspension order dated 27.2.1996, copy of which is contained in Annexure-1 shall remain stayed with effect from 16.11.1996. The petitioner shall present himself before opp.parties on 15.11.1996 to receive the charge-sheet between 2 to 4 P.M. It is the duty of the learned Standing Counsel to inform the Opp.parties about this order. List after expiry of the aforesaid period.” It is contended that the respondent failed to serve the charge-sheet upon the petitioner upto 15.11.1996. In view of this fact and in compliance of Court’s order date 05.11.1996 the petitioner was permitted to work on the post and paid the regular salary to him. Charge-sheet dated 13.06.1997 was served upon the petitioner on 1.06.1997. The petitioner submitted reply to the charge-sheet on 05.02.1998 but the final order has not been passed by the respondent in the matter till date. In this case no counter affidavit has been filed nor has the respondent passed final order regarding suspension of the petitioner. The petitioner has been retired from service after attaining 60 years of age on 29.02.2008. In view of above facts and circumstances, the petition is disposed of in terms of in terms order dated 05.11.1996 passed by this Court. (P.C.Verma,J.) 19.03.2008 P.Singh