Shyam Krishna Shukla vs U.P. Sahakari Garamya Vikas Bank ...
2012 Latest Caselaw 3222 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 3915 of 2012
 

 
Petitioner :- Shyam Krishna Shukla
 
Respondent :- U.P. Sahakari Garamya Vikas Bank Ltd. Thru Its M.D. & Others
 
Petitioner Counsel :- Prakhar Mishra
 
Respondent Counsel :- Balram Yadav
 

 
Hon'ble Ajai Lamba,J. 

1.  In essence, it has been argued that on 18.10.2000 petitioner was issued a chargesheet on the basis of six charges. After concluding the proceedings, the petitioner was directed to be dismissed from service vide order dated 23.4.2003.

2.  The petitioner preferred statutory appeal, which was also dismissed. The petitioner approached this court. Vide order dated 23.1.2004, operation of punishment order was stayed. The order has not been placed on record, although such pleading has been made in the petition.

3.  Learned counsel states that on 30.11.2009 the petitioner retired on attaining age of superannuation. Petitioner applied for release of his retiral dues. Gratuity amount has been released. Vide order dated 20.5.2010, Annexure-1, it has been indicated to the petitioner that rest of the amount cannot be released on account of three reasons detailed in the order.

4.  Contention of the learned counsel is that before taking a decision for deduction of amount no opportunity of hearing was given to the petitioner. After passing of this order, a umber of representations have been made, however, no decision has been taken thereon.

5.  Mr. Balram Yadav, Advocate, appearing for respondent no.1 to 5 states that he shall take instructions from his client as to whether opportunity of hearing was given or not. Sri Yadav further states that in case opportunity of hearing has not been given, the respondents would give such opportunity.

6.  List on 30.7.2012.

Order Date :- 26.7.2012

A.Nigam