On 01.04.2016, the Court has granted an interim order that no coercive action shall be taken against the petitioner. On 08.04.2016 two weeks time was granted to file counter affidavit.
Learned counsel for the respondent has made a statement on 09.05.2016 that counter affidavit is under preparation but no counter affidavit was filed.
On 11.07.2016 two weeks and no more time was granted to the respondent to file counter affidavit. However, counter affidavit has not been filed till date.
The petitioner is a Class IV employee. He has been dismissed on the ground that due to negligence on his part, the Corporation has suffered a loss of Rs.43,34,439.15.
It is stated that the petitioner is an employee of U.P. Upbhokta Sahkari Sangh, Lucknow which is a Co-operative Society registered under the provisions of the U.P. Co-operative Societies Registration Act, 1965. The services of the petitioner is governed under the provisions of U.P. Co-operative Societies Employees' Service Regulations, 1975.
The contention of the learned counsel for the petitioner is that prior concurrence of the U.P. Co-operative Institutional Services Board in terms of Regulation 18 of 1975 has not been obtained. The said statement has been made in paragraph nos. 30, 31 and 32 of the writ petition.
It is also stated that there is complete violation of the natural justice while conducting the enquiry. The said statement has not been controverted by the respondents in spite of the fact that sufficient opportunities were granted to him and a statement was made in the Court that the counter affidavit is under preparation.
Learned counsel for the respondent was not present on the earlier occasions. Today, again the learned counsel for the respondent is not present.
In view of the uncontroverted statement in the writ petition, the effect and operation of the impugned order dated 19.01.2016 passed by the Managing Director, U.P. Upbhokta Sahkari Sangh Limited, Lucknow, shall remain stayed till further orders.
List this case after six weeks.
Order Date :- 27.7.2016 AU