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2025 DAILYLAW 152021 (ALL)

JIYAUDDIN SIDDIQI v. CHAIRMAN U.P. CO-OPERATIVE BANK LTD. LKO. AND 3 OTHERS

WRIA/7729/2025 · 2025-07-17

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40834 Court No. - 5 Case :- WRIT - A No. - 7729 of 2025 Petitioner :- Jiyauddin Siddiqi Respondent :- Chairman U.P. Co-Operative Bank Ltd. Lko. And 3 Others Counsel for Petitioner :- Sandeep Kumar Pal,Desh Deepak Singh Counsel for Respondent :- Vijay Pratap Singh Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and Sri Vijay Pratap Singh, learned counsel appearing for the respondents no.1 to 3. 2. No notice be issued to respondent no.4 taking into consideration the nature of order proposed to be passed. 3. With the consent of learned counsels for the parties, the writ petition is being decided finally. 4. The contention of learned counsel for the petitioner is that an FIR had been lodged against the petitioner on 05.10.2022 and he was jailed. He was also placed under suspension vide order dated 28.10.2022, a copy of which is Annexure-2 to the petition. Subsequent thereto, the petitioner was released on bail on 05.03.2024 and had reported for joining but no action has been taken till date. 5. The contention is that neither the petitioner has been permitted to join after being released on bail nor he has been paid subsistence allowance although he had earlier approached this Court by filing Writ-A No.8834 of 2024 in re: Jiyauddin Siddiqi vs. Chairman, U.P. Cooperative Bank and others, which was decided on 01.10.2024 with a direction to the respondents to decide the representation of the petitioner. 6. Placing reliance on the provisions of Regulation 83 of the U.P. Cooperative Societies Employees Service Regulations, 1975 (hereinafter referred to as the 'Regulations 1975'), the contention is that proviso to sub-section (1) of Section 83 of the Regulations, 1975, categorically provides that if an employee has been arrested on a criminal charge and placed under suspension from the date of his arrest then if he is released on bail he may with the approval of the Registrar be permitted to resume and continue on duty until charges are framed against him by the trying court. 7. The contention is that as per the questionnaire dated 06.01.2025, a copy of which has been filed as part of Annexure- 9 to the petition, the petitioner has been informed that no charges have been framed against him and consequently there cannot be any occasion for the respondents to not revoke the suspension order of the petitioner more particularly when he has been released on bail way back in March, 2024 and for non- payment of subsistence allowance. 8. Let the aforesaid aspect of the matter be considered by the competent authority who is said to be the Registrar, Cooperative Societies in accordance with law and relevant rules which consideration would be made within a period of four weeks from the date of receipt of certified copy of this order particularly considering that the respondent no.2 has forwarded his recommendation to the Registrar vide his recommendation dated 09.01.2025 as has been fairly stated by Sri Vijay Pratap Singh, learned counsel for the respondents. Order Date :- 17.7.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench