VINOD KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Manjeev Shukla, learned Addl. Chief Standing Counsel for the State, Sri Shireesh Kumar, learned counsel for the respondent Nos. 2 and 3 and Sri Nadeem Murtaza, learned counsel for the respondent No. 4.

(2.) By this writ petition, a challenge has been made to the Notification dated 27.08.2018 to amend the U.P. Cooperative Employees Regulation, 1975. In Regulation 85, an addition has been made in clause XI and XII. The challenge to said Regulation has been made in reference to Section 68 and 122 (1) of U.P. Cooperative Societies Act, 1965 and Article 14 of the Constitution of India.

(3.) The facts of the case are that after the selection of the petitioner, he was appointed on the post of Assistant Accountant. During the service, petitioner was served with a charge-sheet dated 27.11.2015. A reply to the charge-sheet was submitted. Finding explanation to be not satisfactory, the enquiry was conducted. The Enquiry Officer submitted report after completion of enquiry. The petitioner was served with the show cause notice on 30.07.2016 alongwith a copy of the report. A reply to the show cause notice was given on 12.08.2016. The respondents failed to pass any order till petitioner retired on 31.08.2018.