ANIL JI Vs. U.P. COOPERATIVE DAIRY

JUDGEMENT

(1.) Heard Sri Sudeep Kumar, learned Counsel for the petitioner and Sri Anuj Kudesia, learned Counsel for the opposite parties.

(2.) The petitioner has approached to this Court for direction to respondents to pay the remaining terminal dues more fully described in paragraph 27 of the writ petition notwithstanding any disciplinary proceedings if any, pending against the petitioner.

(3.) The writ petition has been filed by the petitioner stating therein that the petitioner was the member of the U.P. Cooperative Dairy Federation and Milk Union Centralized Services, 1984 and the service conditions of the petitioner were being governed by the provisions of the U.P. Cooperative Societies Employees Service Regulations, 1975 and there is no provision in the Service Regulations which permit the respondents to retain the post retiral dues on any ground and as such the respondents are acting wholly in a malafide manner in withholding the terminal dues of the petitioner. Even otherwise there is no enabling provision in Service Regulations, 1975 in the like manner of Article 351-A of the Civil Service Regulations which permit the respondents to continue with any disciplinary proceedings initiated prior to superannuation or to initiate fresh disciplinary proceedings after superannuation and as such no disciplinary proceedings can be commenced or continued after superannuation and this view has been settled by this Hon'ble Court in several Cases.