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2025 DAILYLAW 144171 (ALL)

MANISH KUMAR v. U.P. CO-OPERATIVE FEDERATION LTD. THRU. MANAGING DIRECTOR AND ANOTHER

WRIA/6732/2025 · 2025-07-01

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36813 Court No. - 5 Case :- WRIT - A No. - 6732 of 2025 Petitioner :- Manish Kumar Respondent :- U.P. Co-Operative Federation Ltd. Thru. Managing Director And Another Counsel for Petitioner :- Shishir Chandra Counsel for Respondent :- Shireesh Kumar Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and Shri Birendra Prasad Singh, Advocate who files his vakalatnama on behalf of respondents No.1 & 2. 2. With the consent of the parties, the matter is being decided finally. 3. Under challenge is the punishment order dated 25.11.2024, a copy of which is Annexure-1 to the petition, whereby the petitioner has been imposed with a penalty of recovery and withholding two increments permanently. 4. Argument of the learned counsel for the petitioner is that there are two rules/regulations governing the service conditions of the employees working in the U.P. Cooperative Federation namely U.P. Cooperative Federation Limited Karmachari Sewa Niyamawali, 1980 (hereinafter referred to as 'Rules, 1980') and U.P. Co-operative Societies Employees Service Regulations, 1975 (hereinafter referred to as 'Regulations, 1975'). 5. Contention is that a Full Bench of this Court in the case of Pancham Ram Yadav vs The U.P. Co-Operative Federation Ltd. through Managing Director & Anr in Special Appeal No.435 of 2008 has held that in case of conflict between the Regulations, 1975 and Rules, 1980, the Regulations, 1975 shall prevail. 6. Contention is that although the Rules, 1980 provide for imposition of more than one punishment yet the Regulations, 1975 only prescribe any one penalty and as by means of the impugned order two penalties have been imposed consequently keeping in view the law laid down by the Hon'ble Supreme Court in the case of Pancham Ram Yadav (supra) it is the Rules, 1975 which would be applicable and as such imposition of two penalties by means of the impugned punishment order dated 25.11.2024 vitiates the impugned order. 7. Aforesaid proposition of law is not disputed by Shri Birendra Prasad Singh, learned counsel appearing for the respondents. 8. Considering that as the impugned punishment order is contrary to the law laid down by the Full Bench judgment in the case of Pancham Ram Yadav (supra), the order impugned dated 25.11.2024, a copy of which is Annexure-1 to the petition is quashed. The petition is allowed. 9. The competent authority shall proceed to pass a fresh order in accordance with law under relevant rules. 10. Let such an order by passed within a period of six weeks from the date of receipt of certified copy of this order. Order Date :- 1.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench