ANAND KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri H.R. Mishra, learned Senior Advocate assisted by Sri Chandra Bhan Gupta, learned counsel for the petitioner and Sri Jai Bahadur Singh, learned counsel appearing on behalf of the respondent nos.2 to 4 and the learned Standing Counsel appearing on behalf of the respondent nos.1 and 5.

(2.) This petition has been filed praying for a direction to be issued to the respondent no. 3, Secretary and Chief Executive Officer, District Cooperative Bank Limited, Fatehpur to make payment of salary to the petitioner as per order dtd. 23/10/2021 passed by the Deputy Commissioner and Deputy Registrar (Cooperative), Prayagraj Division, Prayagraj along with admissible interest thereon.

(3.) It is the case of the petitioner that he was posted as Branch Manager in District Cooperative Bank Ltd., Fatehpur (hereinafter referred to as 'the Bank'). He was placed under suspension on 28/3/2017. The petitioner filed a writ petition, namely, Writ A No.9280 of 2020 for reinstatement and revocation of suspension order and conclusion of the disciplinary proceedings which had been going on for a long time. The Court finally disposed of the petition on 4/11/2020 by referring to Regulation 85(x) of U.P. Co-operative Societies Employees' Service Regulations, 1975 (hereinafter referred to as 'the Regulations, 1975') that no employee shall ordinarily remain under suspension for more than 6 months except when suspension is made on a criminal charge on the direction of the competent Court; by observing that appropriate orders be passed by the competent Authority to conclude the matter of disciplinary proceedings within a period of 30 days from the date of order, failing which, the order of suspension shall stand revoked and the petitioner would be entitled to reinstatement and payment of salary.