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2025 DAILYLAW 183353 (ALL)

SAIF MOHAMMAD KHAN v. STATE OF U.P. THRU. PRIN. SECY. (COOPERATIVE) AND 3 OTHERS

WRIA/12851/2025 · 2025-11-11

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12851 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama has been filed by Mr. Pranav Pandey, learned counsel on behalf of the respondent no.3 is taken on record. At the very outset, learned counsel for the petitioner submitted that he may be permitted to delete prayer clause I of the writ petition. Learned counsel for the respondents have no objection to the submission aforesaid. In view of the aforesaid, learned counsel for the petitioner is permitted to delete prayer clause I during course of the day. Heard learned counsel for the petitioner, Mr. Pranav Pandey, learned counsel for the respondent no.3, Mr. Ran Vijay Singh, learned counsel for the respondent-State and perused the material on record. Instant petition has been filed seeking following main relief:- "A writ order or direction in the nature of MANDAMUS Commanding the opposite parties to make the payment of full Pay alongwith all allowances and other Service Benefits admissible to all the other regular employee of the bank under Bank rules for the entire Suspension period and also during his provisional reinstatement till the date of final order passed in the disciplinary proceeding against the petitioner." Learned counsel for the petitioner submits that major punishment was Versus Counsel for Petitioner(s) : Piyush Asthana Counsel for Respondent(s) : C.S.C., Pranav Pandey, Prashast Puri Saif Mohammad Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (Cooperative) And 3 Others .....Respondent(s) awarded to the petitioner whereafter the departmental appeal was instituted before the respondent no.3 in which the same was modified and only one increment was withheld temporarily for one year. He submits that the nature of punishment is of minor penalty and, therefore, the petitioner is entitled to the dues and arrears of subsistence allowance for the suspension period. In support of his contention, he has placed reliance on the Judgment and order passed dated 24.4.2024 in Writ-A No.1991 of 2024. Learned counsel for the petitioner, after argument at length, submits that the interest of justice would be sub-served if this Hon'ble Court is pleased to give liberty to the petitioner to move fresh representation before the respondent no.2 within fifteen days and direct the respondent no.2/Committee of Manager/Chairman Rampur Zila Sahkari Bank Limited, Rampur to consider and decide the same in accordance with law, within stipulated period of time as may be fixed by this Court. Learned counsels for the respondents have no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the petitioner is given liberty to move fresh representation before the respondent no.2 within fifteen days and in case such representation is moved, the respondent no. respondent no.2/Committee of Manager/Chairman Rampur Zila Sahkari Bank Limited, Rampur is directed to consider and decide the same in accordance with law, within further period of six weeks. With the aforesaid observations, the writ petition is disposed of. November 11, 2025 Ram Murti WRIA No. 12851 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench