Heard Sri Shishir Chandra, learned counsel for the petitioner and Sri Shireesh Kumar, learned counsel for the opposite parties, who has filed his Vakalatnama on their behalf. The same is taken on record.
By means of this writ petition, the petitioner has impeached the order dated 11.01.2019, passed by the Managing Director, Provincial Co-operative Federation of U.P., Lucknow, whereby the petitioner, as per learned counsel for the petitioner, has been reverted from the post and for imposing such punishment prior approval from U.P. Co-operative Institution Service Board is necessary, which has not been obtained in this case.
Per contra, Sri Shireesh Kumar, learned counsel for the opposite parties has submitted that the petitioner has not been reverted from the post which she was holding and she is still holding the post i.e. Junior Assistant, she has only been reverted to her basic pay, which may not be treated as reduction in rank. Therefore, the submission of Sri Shireesh Kumar is that since it is not punishment of reduction in rank, hence, no approval from U.P. Co-operative Institutions Service Board is required.
As per Sri Shireesh Kumar, it is punishment of reduction to the basic pay not the reduction in rank as provided under 83 (e) of U.P. Co-operative Federation Ltd. (Service of Employees) Regulation, 1980. Sub-clause (e) of Rule 83 (1) of Regulation, 1980 says about reduction in rank or grade held substantively by the employees.
If contention of Sri Shireesh Kumar is accepted that the punishment so provided is neither reduction in rank nor grade held substantively by the employee i.e. the petitioner, then the Court is unable to comprehend as to what is this punishment provided to the petitioner inasmuch as it has nowhere been provided in the Regulation, 1980 itself.
It is settled proposition of law by the Hon'ble Apex Court that no punishment can be awarded against the incumbents if such punishment is not provided under Rules and if such punishment is provided that would be nonest in the eyes of law.
The matter requires consideration.
Let counter affidavit be filed within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
List this petition in the week commencing 25.02.2019.
In the meantime, the operation and implementation of the impugned order dated 11.01.2019 (Annexure No.1), passed by the Managing Director, U.P. Co-operative Federation Ltd., Lucknow, is stayed. Consequence to follow.
Order Date :- 22.1.2019 Suresh/ [Rajesh Singh Chauhan,J.]