Neutral Citation No. - 2025:AHC:111170 Court No. - 5 Case :- WRIT - A No. - 9695 of 2014 Petitioner :- Kishan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.P. Giri Counsel for Respondent :- Abhishek Misra,K.N. Mishra,Shiv Nath Singh Hon'ble Saurabh Shyam Shamshery,J. 1. This writ petition is pending for last more than a decade. 2. Learned counsel for petitioner is not present as well as learned counsel for respondent is also not present and Sri P.K. Shahi, learned A.C.S.C. for State is present. 3. This writ petition is posted within top 10 cases in terms of earlier order passed by this Court. The petitioner has filed this writ petition to release the gratuity. 4. A counter affidavit is being filed by respondent Nos. 2 and 3 and relevant paragraph thereof being 6, 7, 8 and 9 are reproduced hereinafter :- "5. That since petitioner failed to reply the show cause, the proceedings under Section 68(1) of Cooperative Societies Act was drawn by the Deputy Registrar vide order dated 23.11.2013 appointing Additional District Cooperative Officer, Tehsil Agra as Inquiry Officer in the matter and to submit the enquiry. The Inquiry Officer submitted his enquiry report dated 31.12.2013 received in the office of Deputy Registrar on 04.01.2014 leveling serious financial charges against the petitioner. On receipt of enquiry report show cause notice was issued to the petitioner by Deputy Registrar under Section 68(2) of U.P. Cooperative Societies Act, vide letter dated 18.01.2014, which is being filed herewith and marked as Annexure No. CA-2 to this affidavit. 6. That Deputy Registrar has fixed 05.02.2014 as date of hearing required personal presence on 05.02.2014 but petitioner neither appeared, nor made any written submission in his defence with reply to show cause notice. 7. That even after issuance of reminder dated 19.02.2014, petitioner did not submit any reply to show cause notice, nor appeared on 05.03.2014, the date fixed by the Deputy Registrar 8. That several dates for personal appearance was fixed by Deputy Registrar on 05.02.2014, 05.03.2014, 25.05.2014 and lastly on 26.06.2014, but petitioner never appeared. 9. That the petitioner by concealing the aforesaid material facts has filed the present writ petition, which writ petition deserved to be dismissed with heavy cost." 5. The Court also takes note of paragraph 4 of rejoinder affidavit which is also reproduced hereinafter :- "That contents of paragraphs no 5, 6, 7 and 8 are not admitted hence denied and correct reply there to is that allegations and charges are very vague and malicious under oblique motive, allegation to short coming of recovery proceeding may not be charge after retirement, as subsequent stage it is duty of presiding officer to take needful action n for recovery, and one allegation is that in year 1998 extended limits of loan, apparently it is clear that at this stage where petitioner is retired on 31.11.2012, show cause notice is issued on vague allegation which amount harassment of petitioner. It is relevant to mention here that each year departmental audit inspection is carried out and each two/alternative years Reserve Bank of India is carried out audit specially loan, but no one proceeds to adverse remark against petitioner in any manner. subsequent notice dated 18.01.2014 is based on fabricated case on back behind enquiry said to be held after retirement on 31.12.2013 which report is submitted on 04.01.2014, neither enquiry officer afforded opportunity of hearing nor said notice served on petitioner till today, bare perusal of contents of notice dated 18.01.2014, again effort is made to keep retrial benefits withheld, is amount to harassment of petitioner." 6. I have considered the above pleadings and it may be a case of misrepresentation of concealment of facts, however, a fact which is remained undisputed that no inquiry was concluded before petitioner got retired, therefore, only on basis of that inquiry was earlier initiated, his retiral benefits cannot be stopped including gratuity. 7. In the aforesaid circumstances, even in absence of counsel for petitioner and in the interest of justice as well as taking note that this writ petition is pending for last more than a decade, this writ petition is disposed of with a cost of Rs.5000/- to be deposited in the account of Allahabad High Court Bar Assocation, Allahabad with an observation that due amount of gratuity, if already not paid, be paid within short period and in case of any legal impediment i.e. an adverse order or inquiry, the same will be communicated to petitioner. 8. So far as question of interest is concerned, since petitioner has not come up with clean hands, therefore, prayer for interest is rejected. Order Date :- 11.7.2025/P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad