Neutral Citation No. - 2025:AHC:78499 Court No. - 5 Case :- WRIT - A No. - 4490 of 2016 Petitioner :- C/M District Cooperative Bank Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C.,Jamil Ahamad Azmi Hon'ble Ajay Bhanot,J. 1. Heard Shri Sujeet Kumar Rai, learned counsel for the petitioner, learned Standing Counsel for the State- respondents No. 1 and 2 and Shri Jamil Ahamad Azmi, learned counsel for the respondent No. 3. 2. By the impugned order dated 07.04.2015 passed by the respondent No. 2 the claim of the respondent No. 3 for grant of ACP has been granted. 3. The claim of the respondent No. 3 for entitlement to ACP after completion of 14 years of service was declined by the petitioner-committee of management. 4. The respondent No. 3 approached this Court by instituting a Writ A No. 60224 of 2014 (Jyoti Prakash Srivastava vs. State of U.P. and 4 others). This Court has passed the following orders in the aforesaid writ petition:- "Learned counsel for the petitioner is agreeable to the said situation. He submits that the petitioner may approach the Registrar within a period of two weeks alongwith certified copy of this order. In case the petitioner approaches the Registrar, he shall examine the case of the petitioner and take appropriate decision in accordance with law after calling for the comments of respondent No. 5 Committee of District Cooperative Bank Ltd., Azamgarh expeditiously preferably, within three months from the date of production of a certified copy of this order before him. " 5. In compliance of the order passed by this Court, the Registrar, Cooperative Societies found the respondent No. 3 eligible for the aforesaid benefit and accordingly passed the impugned order. 6. The impugned order finds that the Deputy Commissioner and Deputy Registrar, Cooperative Societies, Azamgarh Division, Azamgarh by order dated 22.07.2014 dropped the surcharge proceedings against the respondent No. 3 in absence of corroborative evidence. 7. The impugned order also records that apart from the year 2004-05, the service record of the respondent No. 3 has favourable entries and his integrity has been certified for a period of 14 years. 8. The impugned order references the Government Order dated 30.06.1993 which contemplates that in case the integrity of an employee is not certified for a particular year. However, in case the said official has obtained satisfactory entries for the period which preceded the same as well as the subsequent years, his record of service will be deemed to be satisfactory. 9. With the aforesaid reasoning the impugned order finds that the respondent No. 3 satisfies the prerequisites for grant of ACP as provided in the circular dated 16.01.2009. 10. The petitioner has not been able to establish any perversity in the aforesaid findings or controverted the same in the pleadings. Paragraphs-11, 12 & 13 asserts that some resolution was passed against the respondent No. 3 on 29.04.2006. However, corresponding entries in the service records have neither been pleaded nor have been brought in the record. 11. To the contrary the record of service of petitioner is satisfactory, in view of the nature of entries in the record and the Government Order dated 30.06.1993. 12. Moreover, the respondent No. 3 has retired in the year 2013. According to paragraph-16 of the writ petition a punishment order was passed against the respondent No. 3 by the petitioner on 22.10.2009. The aforesaid pleading in Paragraph-16 of the writ petition has been traversed in Paragraph-25 of the counter affidavit with the assertion that the aforesaid order was never served upon the respondent No. 3. Even in the writ petition the aforesaid order or corresponding entries made in the service record has not been produced. 13. In this wake, no interference is warranted in the impugned order. 14. The writ petition is dismissed. Order Date :- 13.5.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad