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AFR
Court No. - 7
Case :- SPECIAL APPEAL No. - 104 of 2020
Appellant :- Veer Bahadur Singh s/o Sajjan Singh, r/o Vijay Nagar Khaga, District Fatehpur, U.P.
Respondents :- State of U.P. through its Additional Chief Secretary Cooperative Societies Government of Uttar Pradesh, Civil Secretariat, Lucknow and 2 others
Counsel for Appellant :- Piyush Asthana
Counsel for Respondents :- Manoj Nigam
Hon'ble Biswanath Somadder,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. The present Special Appeal has been filed against the judgment and order dated 20th December, 2018, passed in Writ-A No.27513 of 2018 (Veer Bahadur Singh Vs. State of U.P. and two others), whereby the writ petition has been dismissed.
2. The appellant before us is the writ petitioner.
3. The contention raised by the appellant-writ petitioner that the suspension order could not have been passed with retrospective effect, has been dealt with by the learned Single Judge by referring to the provisions contained under the Uttar Pradesh Cooperative Societies Employees' Service Regulations, 1975.
4. For ease of reference, the relevant provisions under the aforesaid Regulations are being extracted below:-
"83. (i) An employee arrested for debt or on a criminal charge shall be placed under suspension from the date of his arrest:
Provided that if he is released on bail or on recognizance, 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:
Provided further that his duties may be varied if continuance on original duty be inexpedient or prejudicial to the interest of the society in the opinion of the Registrar or the appointing authority.
(ii) An employee who is convicted of a criminal charge involving moral turpitude by a Criminal Court shall be liable to dismissal.
Explanation.--"Conviction" means sentence of punishment, fine or both.
x x x x x
85. Disciplinary proceedings.--(i) The disciplinary proceedings against an employee shall be conducted by the Inquiring Officer (referred to in clause (iv) below) with due observance of the principles of natural justice for which it shall be necessary that--
(a) .....................
(b) .....................
(c) ......................
(ii) (a) Where an employee is dismissed or removed from service on the ground of conduct which has led to his conviction on a criminal charge; or
(b) Where the employee has absconded and his whereabouts are not known to the society for more than three months; or
(c) Where the employee refuses or fails without sufficient cause to appear before the Inquiring Officer when specifically called upon in writing to appear; or
(d) Where it is otherwise (for reasons to be recorded) not possible to communicate with him, the competent authority may award appropriate punishment without taking or continuing disciplinary proceedings.
(iii) Disciplinary proceedings shall be taken by the society against the employee on a report made to this effect by the inspecting authority or an officer of the society under whose control the employee is working.
(iv) The Inquiring Officer shall be appointed by the appointing authority or by an officer of the society authorised for the purpose by the appointing authority:
Provided that the officer at whose instance disciplinary action was started shall not be appointed as an Inquiring Officer nor shall the Inquiring Officer be the appellate authority.
(v) In the case of an erring employee falling in sub-section (c) of clause (i) or sub-clause (a) of clause (ii) of Regulation No.5, the committee of management of the society, and if so provided in the bye-laws the Chairman or the Secretary of the society, shall draw up a duplicate charge-sheet against the employee and the same shall be communicated to the parent employer who shall, if prima facie case has been made out by the reporting authority, withdraw him from the society and take disciplinary action against him.
(vi) An employee other than one referred to in clause (v) may be placed under suspension in the following circumstances by the appointing authority or any other officer authorised for the purpose--
(a) when the said authority is satisfied that a prima facie case exists, which is likely to result in the removal, dismissal or reduction in rank of the employee;
(b) when an enquiry into his conduct is immediately contemplated or is pending and his further continuance on his post is considered detrimental to the interest of the society;
(c) when a complaint against him of any criminal offence is under police investigation for which he has been arrested or he is undergoing trial in a court of law for offence under the Indian Penal Code, U.P. Co-operative Societies Act, 1965 or any other Act or charges have been framed against him by the criminal court:
Provided that suspension shall be obligatory where it is called for in terms of clause (i) of Regulation No.83.
(vii) (a) An employee under suspension shall be entitled to a subsistence allowance as per relevant rules applicable to State Government employees from time to time:
Provided that an employee who is under suspension on the date of coming into force of these regulations shall continue to draw such portion of pay and such allowances as he was allowed to draw for the period of suspension: