SPA No. 28 of 2007 Hon’ble Tarun Agarwala, J. Hon’ble V.K. Bist, J. Mr. S.S. Chauhan, Advocate for the appellant. Mr. D.S. Patni, Advocate for the respondent. A similar controversy has been allowed by a Division Bench in Special Appeal No. 174 of 2006, Nagar Palika Parishad, Gadarpur Vs. Vinod Singh decided on 17th February, 2010. The learned counsel for the respondent, Shri D.S. Patni agrees with the aforesaid proposition. In view of the aforesaid, the impugned order is set aside. The appeal is allowed in terms of the directions given in the order dated 17/02/2010 passed in Special Appeal No. 174 of 2006. The respondent is directed to relinquish the charge of the post held by him forthwith. The pay and allowances drawn by the respondent pursuant to the service rendered by him shall not be recovered from him by the appellant. (V.K. Bist, J.) (Tarun Agarwala, J.) 14.02.2011 Shiv