Heard learned counsel for the petitioner.
Notice on behalf of opposite party No.1 has been accepted by the office of the learned Chief Standing Counsel whereas Sri Sudhanshu Chauhan, Advocate has accepted notice on behalf of opposite parties no.2 and 3 and Sri K.K. Singh, Advocate has accepted notice on behalf of opposite parties no.4 and 5.
By means of this writ petition, the petitioner has assailed the order dated 29.10.2018, passed by the Managing Director, U.P. Co-operative Sugar Mills Federation Ltd. Lucknow directing for recovery of Rs.141070.10 from salary of the petitioner.
Learned counsel for the petitioner submitted that the impugned recovery order has been passed in an arbitrary and illegal manner without considering the reply of the petitioner submitted against the show cause notice. He further submitted that in fact there was no loss to the factory and the action was taken as per instructions of the respondents.
Per contra, Sri Sudhanshu Chauhan, learned counsel for the opposite party nos. 2 and 3 has drawn attention of this Court towards Regulation 52 of Uttar Pradesh Co-operative Sugar Factories Federation Ltd., Employees Service Regulations, 1988 (here-in-after referred to as the "Regulation, 1988"), which categorically provides that an employee shall have a right to appeal against any order passed by the Appointing Authority which injuriously affects his interests. Regulation 53 provides limitation that such appeal shall be filed within a period of 30 days from the date on which the employee receives a copy of the order appealed against.
Learned counsel for the petitioner has also submitted that since 30 days period has lapsed, therefore, the appellate authority might not entertain the statutory appeal of the petitioner., therefore, he has submitted that the aforesaid delay in filing the appeal may be condoned.
Learned counsel for the opposite parties has no objection if the delay in filing the appeal is condoned by this Court.
Therefore without entering into merits of the issue, the petitioner is permitted to prefer an appeal under Regulation 52 of the Regulation, 1988 within a period of one week from today along with application for interim relief before the Appellate Authority and if such statutory appeal is preferred by the petitioner before the Appellate Authority within the aforesaid period, the Appellate Authority shall decide the statutory appeal on merits and shall not be rejected only on the ground of delay within a period of three months strictly in accordance with law by affording an opportunity of hearing to the parties concerned. The Appellate Authority shall also decide the application for interim relief of the petitioner within a period of ten days from the date of filing of the said application.
It is hereby provided that till disposal of the application for interim relief or ten days, whichever is earlier, no coercive action shall be taken against the petitioner pursuant to the impugned recovery order dated 29.10.2018.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 30.8.2019 akverma