Allowed

Devi Deen Mishra v. State of U.P. and 2 Others

Allahabad HC5 Sept 2018WRIA/18886/2018

Case brief

AI extract

What is this about?

This single-judge high court bench allowed the writ petition by permitting the impleadment of the District Co-operative Bank. The court directed the Deputy Commissioner and Deputy Registrar Cooperative, Banda, to decide the petitioner's appeal within three months and provide the bank an opportunity of being heard, reserving adjudication on merit for the concerned authority.

What did the court decide?

Direction to Deputy Commissioner and Deputy Registrar Cooperative, Banda, to decide the petitioner's appeal Patrank No. 586/Vidhi/Section 128/2015-16 within three months after giving the bank an oppor

Devi Deen Mishra Vs State of U.P. and 2… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 39 Case :- WRIT - A No. - 18886 of 2018 Petitioner :- Devi Deen Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kishor Pandey,Anand Mohan Pandey Counsel for Respondent :- C.S.C.

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Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.

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Sri Sujit Kumar Rai has raised a preliminary objection that the petitioner has not impleaded the District Co-operative Bank, Banda in the array of the respondent although he was working in the said bank and the bank is a necessary party.

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Learned counsel for the petitioner is permitted to implead the District Co-operative Bank, Banda in the array of the parties as respondent no. 4 today itself.

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Heard Sri Anand Mohan Pandey, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 to 3 and Sri Sujit Kumar Rai, learned counsel for the respondent no. 4.

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The petitioner in the writ petition submits that he has preferred an appeal/representation on 17.6.2015 before the Commissioner and Registrar Co-operative, U.P., Lucknow, respondent no. 2 who has transferred the same to the Deputy Commissioner and Deputy Registrar Cooperative, Chitrakoot Dham Division, Banda, respondent no. 3. The prayer in the writ petition is for a direction to the respondents to decide the petitioner's appeal patrank no. 586/Vidhi/Section 128/2015-16.

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No useful purpose would be served in keeping this writ petition pending.

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The writ petition is, therefore, disposed of with the direction to the Deputy Commissioner and Deputy Registrar Co-operative, Chitrakoot Dham Division, Banda, respondent no. 3 to decide the petitioner's appeal patrank no. 586/Vidhi/Section 128/2015-16 filed on 17.6.2015 in accordance with law within a period of three months from the date of receipt of a certified copy of this order in his office. Alongwith the certified copy the petitioner shall also provide the copy of the Appeal dated 17.6.2015.

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Needless to say that the respondent no. 3 shall also give the respondent no. 4, bank an opportunity of being heard before any final order is passed.

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It is made clear that the Court has not adjudicated the claim of the petitioner on merit.

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Order Date :- 5.9.2018/nd

Devi Deen Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Devi Deen Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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