Syed Ishrat Husain vs State Of U.P. ...
2018 Latest Caselaw 721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 14564 of 2018
 
Petitioner :- Syed Ishrat Husain
 
Respondent :- State Of U.P. Thru.Prin.Secy.Cooperative Dept. & Ors.
 
Counsel for Petitioner :- Sanjay Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Anuj Kudesia
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner.

Notice for opposite party No.1 has been accepted by the office of the learned Chief Standing Counsel, whereas Sri Shireesh Kumar, learned counsel has put in appearance for opposite party Nos.2 to 4 and filed his Vakalatnama, the same is taken on record.

By means of this writ petition, the petitioner has assailed the order dated 30.01.2018 passed by the Managing Director, Sahkari Awas Nirman Evam Vitt Nigam Ltd., whereby the petitioner has been dismissed from service.

Learned counsel for the petitioner has submitted that the petitioner was placed under suspension on 30.07.2015, but he has not been paid the subsistence allowance till the date of passing the impugned order of punishment. Learned counsel for the petitioner has however not prayed that the petitioner be paid his subsistence allowance as per law but since he has averred the said submission in paras-18, 26 and 30 of the writ petition, therefore, liberty is given to the petitioner to prefer a representation to the competent authority for getting his subsistence allowance and the competent authority shall pass appropriate order, strictly in accordance with law, on the representation of the petitioner so far as payment of subsistence allowance of the petitioner is concerned, with expedition say within a period of two months from the date of presentation of a certified copy of this order along with representation.

However, the petitioner has already retired from service on 31.01.2018 and the punishment order has been passed on 30.01.2018, therefore, the detailed counter affidavit is required, for which, four weeks' time is granted to the learned counsel for the opposite parties. If the counter affidavit is filed within the aforesaid period, rejoinder affidavit may be filed within ten days thereafter.

List immediately after expiry of the aforesaid period.

When the case is next listed, name of Sri Shireesh Kumar, Advocate shall be printed in the cause list as counsel for the opposite parties.

Order Date :- 21.5.2018

Suresh/

[Rajesh Singh Chauhan,J.]