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

Neutral Citation No. - 2025:AHC-LKO:3615

Court No. - 5

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 Abdul Moin,J.

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Heard learned counsel for the petitioner as well as Sri Anindya Shastri learned counsel for respondents.

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With the consent of the parties the matter is being decided finally.

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There is consensus at bar that the facts of the case have already been noted in detail by this Court in its order dated 12.09.2024.

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For the sake of convenience, the order dated 12.09.2024 is reproduced below:

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

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2. 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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3. 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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4. 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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5. 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

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occasion for the opposite parties to have directed petitioner to deposit the amount even without any subjective satisfaction regarding his complicity in the allegations levelled against him.

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

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7. 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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8. 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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From the perusal of the aforesaid order, it is apparent that the petitioner is aggrieved by the suspension order 17.08.2024, the notice dated 02.08.2024 as well as orders dated 20.08.2024 and 23.08.2024 respectively, copies of which are Annexures 9 & 10 to the writ petition whereby an F.I.R has been directed to be lodged against the persons against whom disciplinary proceedings have been initiated.

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At the outset, Sri Shastri, learned counsel for the respondents states that the chargesheet had been issued to the petitioner on 25.09.2024 to which a reply has been submitted by him on 16.10.2024 yet the petitioner has failed to turn up for personal hearing despite various dates having been fixed by the Enquiry Officer in this regard.

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Learned counsel for the petitioner states that the petitioner had been infact appeared for the personal hearing.

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Sri Shastri further states that an F.I.R. has been lodged against the petitioner on 05.09.2024.

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Thus, for all practical purposes, the challenge raised to the orders dated 20.08.2024 & 23.08.2024 has been rendered infructuous. The Court leaves it open to the petitioner to challenge the F.I.R. which has been lodged against him before appropriate court in appropriate proceedings.

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So far as the suspension order dated 17.08.2024 is concerned, as a chargesheet has already been issued against the petitioner to which the petitioner has already submitted a reply as such the competent authority would proceed to finalize the disciplinary proceedings pending against the petitioner which would be finalized within a period of three months from the date of receipt of certified copy of this order.

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Needless to mention that the petitioner shall cooperate in the

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said disciplinary proceedings. In case of non cooperation, it would be open for the competent authority to issue a notice to the petitioner and the period during which petitioner does not cooperate would stand excluded from the aforesaid time period as has been specified by this Court.

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With the aforesaid directions, writ petition stands disposed of.

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Order Date :- 20.1.2025 Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

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

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

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