Court No. - 28
Case :- WRIT - A No. - 3239 of 2019 Petitioner :- Deewan Singh Verma Respondent :- State Of U.P. Through Principal Secretary Cooperative, Lucknow And 3 Others Counsel for Petitioner :- Ashok Kumar Lal Counsel for Respondent :- C.S.C.,Nripendra Mishra
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Ashok Kumar Lal learned counsel for the petitioner, learned standing counsel for respondent no.1 and Sri Nripendra Mishra for respondent nos.2, 3 and 4.
With the consent of the parties the writ petition is being disposed of at the admission stage.
The petitioner was an employee of the respondent Sangh and attained the age of superannuation on 11.10.2014, from, the post of Assistant Manager, Uttar Pradesh Upbhokta Sahkari Sangh Ltd., Sahjahanpur Depot, Shahjahanpur. According to the petitioner he received a notice dated 25.11.2014, i.e., after the date of his retirement. Disciplinary proceeding was initiated against the petitioner and by impugned order dated 30.11.2017 directing for recovery of Rs.10,75,065.75. Aggrieved by the said order the petitioner filed an appeal on 23.2.2018, which was also rejected by order dated 8.10.2018.
Contention of the petitioner is that in view of the judgment of the Apex Court in the case of Dev Prakash Tiwari vs. State U.P.Cooperative Institutional Service Board, 2014(7)SCC 260, as has held, that no disciplinary proceeding can be initiated or continued after retirement.
Sri N Mishra counsel for the respondent Sangh submits that amount has been quantified against the petitioner, as such the same has been adjusted towards his retiral dues.
In view of the judgment of the Apex Court in the case of Dev Prakash Tiwari (supra) the proceeding initiated against the petitioner by respondents after his retirement on 11.7.2014 is illegal and is against the law laid down by the Apex Court in the case of Dev Prakash Tiwari (supra).
In view of the above, the impugned punishment order dated 30.11.2017 and order dated 8.10.2018 are hereby quashed and the respondents are directed to release the arrears of retiral dues of the petitioner.
Writ petition stands allowed Order Date :- 28.2.2019 AKJ