Partly allowed

Muneshwar v. U.P. Co-Operative Federation Ltd. Thru. Its Managing Director and 3 Others

Allahabad HC3 Oct 2024WRIA/7768/2024

Case brief

AI extract

What is this about?

Petitioner challenged suspension, show-cause notice for Rs.119.29 lakh deposit, and letters regarding FIR. Court refused interference with suspension. Stayed deposit direction absent charge-sheet. Listed case for fresh hearing for instructions.

What did the court decide?

Direction to pay Rs.119.29 lakh in show cause notice stayed. Suspension order not interfered with. Case listed for fresh hearing.

Muneshwar vs U.P. Co-Operative Federation Ltd… — Service and Employment | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 7768 of 2024 Petitioner :- Muneshwar Respondent :- U.P. Co-Operative Federation Ltd. Thru. Its Managing Director And 3 Others Counsel for Petitioner :- Shishir Chandra Counsel for Respondent :- Anindya Shastri

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner and Mr. Anindya Shastri, learned counsel for opposite parties.

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Under challenge is order dated 17.08.2024 placing petitioner under suspension while instituting disciplinary proceedings against him. Also under challenge is the alleged show cause notice dated 02.08.2024 which has been challenged to the extent it direct petitioner to deposit an amount of Rs.119.29 lakh within a period of three days.

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Petitioner has also challenged the letter dated 20.08.2024 and 23.08.2024 so far as it pertains to directions being issued for lodging first information report against whom disciplinary proceedings have been instituted.

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Although various grounds have been agitated by learned counsel for petitioner with regard to suspension order, at this stage this Court does not find any occasion to interfere with the same in view of the fact that a prima facie case appears to have been made out for instituting disciplinary proceedings against petitioner and for suspending him from service.

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However so far as the impugned order dated 02.08.2024 is concerned, it is quite evident and admitted that disciplinary proceedings against petitioner are contemplated but no charge-sheet as yet has been served upon petitioner. In such circumstances, when inquiry proceedings are already under contemplation, there does not appear to be any reason or occasion for the opposite parties to have directed petitioner to deposit the amount even without any subjective satisfaction regarding his complicity in the

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allegations levelled against him.

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Learned counsel for opposite parties seeks time to obtain instruction with regard to same.

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List this case on 03.10.2024, as fresh in order to enable learned counsel for opposite parties to obtain such instruction or to file a short affidavit.

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Until further order of this Court, operation of the alleged show cause dated 02.08.2024 requiring petitioner to deposit an amount of Rs.119.29 lakh shall remain stayed. It is made clear that inquiry proceeding against petitioner may continue.

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Order Date :- 12.9.2024 Subodh/-

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Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Muneshwar v. U.P. Co-Operative Federation Ltd. Thru. Its Managing Director and 3 Others

Case brief

What is this about?

What did the court decide?

Muneshwar v. U.P. Co-Operative Federation Ltd. Thru. Its Managing Director and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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