Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 178474 (ALL)

DEVENDRA KUMAR v. U.P. CO OPERATIVE FEDERATION LTD. THRU. MANAGING DIRECTOR AND 2 OTHERS

WRIA/13949/2025 · 2025-12-03

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13949 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Mr. Birendra Prasad Singh, learned counsel on behalf of the respondents is taken on record. Heard Mr. Shishir Chandra, learned counsel for the petitioner and Mr. Birendra Prasad Singh, learned counsel for the respondents. Present petition has been filed with the following prayers:- "i) issue a writ, order or direction in the nature of certiorari to quash the order dated 01.11.2025 passed by the Chairman of U. P Cooperative Federation Ltd, Lucknow (As contained in Annexure No.1) whereby the statutory appeal preferred by the petitioner against punishment order dated 27.12.2022 has been rejected in a mechanical manner, without application of mind. ii) issue a writ, order or direction in the nature of certiorari to quash order bearing No. PCF / Prasha/22-23/3175 dated 27.12.2022 passed by the Managing Director of the U.P. Provincial Co-operative Federation Limited i.e. respondent No.2 (as contained in Annexure No.2), in so far as it pertains to recovery of Rs.9,28,283/-along with interest from the salary of the petitioner without conducting any disciplinary enquiry or affording any opportunity of hearing. iii) issue a writ, order or direction in the nature of mandamus commanding respondent No.2 not to give effect to recovery consequent to impugned order dated 27.12.2022 and also to refund the amount deducted from the salary of the petitioner consequent to impugned order dated 27.12.2022." Versus Counsel for Petitioner(s) : Shishir Chandra Counsel for Respondent(s) : Shireesh Kumar, Birendra Prasad Singh Devendra Kumar .....Petitioner(s) U.P. Co Operative Federation Ltd. Thru. Managing Director And 2 Others .....Respondent(s) The submission of the counsel for the petitioner is that in terms of the service rules, no order can be passed without taking recourse to the applicable rules as well as without affording an opportunity of hearing. Learned counsel for the respondents has fairly submitted that no enquiry has been conducted prior to passing the order impugned herein. Ex-facie the order impugned does not refer to any proceedings or any opportunity of hearing being granted to the petitioner. Thus, on the said limited grounds, the order dated 27.12.2022 and the appellate order dated 1.11.2025 are quashed with the liberty to the respondents to take such action and pass a fresh order in accordance with law, if so advised. The writ petition stands disposed off with the said observations. December 3, 2025 Ram Murti WRIA No. 13949 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench