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2025 DAILYLAW 124861 (ALL)

KARAMVEER SINGH v. REGISTRAR COOPERATIVE SOCIETIES U.P. LKO. AND 3 OTHERS

WRIA/2201/2025 · 2025-02-24

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11565 Court No. - 5 Case :- WRIT - A No. - 2201 of 2025 Petitioner :- Karamveer Singh Respondent :- Registrar Cooperative Societies U.P. Lko. And 3 Others Counsel for Petitioner :- Rajendra Pratap Singh,Ayushi Dixit,Jyoti Singh,Rudra Pratap Singh Counsel for Respondent :- C.S.C.,Alok Sharma Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1, Sri Alok Sharma, learned counsel for the respondents no. 2 & 4 & Sri Sudhanshu Chauhan, learned counsel for the respondent no. 3. With the consent of learned counsel for the parties, the instant writ petition is being finally decided at the admission stage. Contention of learned counsel for the petitioner is that after the petitioner had been arrested in a criminal case registered against him vide Case Crime No. 28 of 2022 on 31.10.2022, the petitioner was placed under suspension vide impugned order dated 02.11.2022, a copy of which is annexure 1 to the writ petition. Subsequently, the petitioner has been granted bail by a competent Court of law on 25.08.2023 yet the suspension order has still not been revoked and neither the petitioner has been paid the subsistence allowance to the petitioner and hence the petition. Sri Alok Sharma, learned counsel for the respondents no. 2 & 4 indicates that as per the proviso to Rule 83 (i) of the Uttar Pradesh Co- Operative Societies Employees Service Regulations, 1975 (hereinafter referred to as " Regulations, 1975") as soon as an employee is released on bail he may be with the approval of the Registrar, be permitted to resume and continue on duty until charges are framed against him. Contention is that subsequent to the petitioner being released on bail, he should have approached the Registrar i.e the respondent no. 1 and the Registrar would have passed suitable order in accordance with law. Learned counsel for the petitioner fairly states that he has never approached the Registrar subsequent to he being released on bail. The other argument of the learned counsel for the petitioner is that the petitioner has also not been paid any subsistence allowance right since the date of suspension. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to approach the Registrar by means of a representation within a period of a week from today. In case, such a representation is filed before the Registrar i.e the respondent no. 1 then the Registrar shall proceed to decide the same in accordance with law and relevant rules which decision would be taken within a period of four weeks from the date of receipt of the said representation along with certified copy of this order. While deciding the said representation, the Registrar would also consider as to why the petitioner has not been paid the subsistence allowance and in case there is no impediment in favour of the same, he would be pass necessary order with regard to that. Order Date :- 24.2.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench