Himanshu Pradhan vs State Of U.P. And 4 Others
2021 Latest Caselaw 1422 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 58 of 2021
 
Appellant :- Himanshu Pradhan
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Abhishek Rai,Chandan Sharma
 
Counsel for Respondent :- C.S.C.,Satya Nisth Dwivedi
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Memo of Appeal

Heard learned counsel for the appellant and Sri Satya Nisth Dwivedi, learned counsel for respondent nos. 2, 3 and 5.

By this appeal, a challenge is made to the judgment dated 10.12.2020 whereby, the writ petition was dismissed in reference to Clause 27 of the agreement. The clause aforesaid provides for arbitration in case of dispute. The writ petition was filed to challenge the recovery of the amount due to shortage of 56.801 metric tons paddy.

Learned counsel for the appellant submits that apart from the challenge to the recovery, petitioner-appellant had even challenged the order dated 26th September, 2020. A direction for disciplinary action and suspension has been given by the authority not competent for it. The issue aforesaid has not been addressed by the learned Single Judge. The appellant may suffer suspension as well as the disciplinary action.

We have considered the submission made by learned counsel for the appellant and find that so far as the challenge of the recovery is concerned, the learned Single Judge rightly relegated the appellant for arbitration as per Clause 27 of the agreement.

So far as the challenge to the order dated 26th September, 2020 is concerned, learned counsel for the appellant was specifically asked as to whether any order of suspension has been passed or any disciplinary enquiry has been initiated as on date. The counsel was fair to state that neither any order of suspension has been issued nor disciplinary enquiry has been initiated till date. It may however be initiated any time.

What we find that the order dated 26th September, 2020 can be challenged by taking remedy given under Section 128 of U.P. Co-operative Societies Act of 1965.

Accordingly, the impugned judgment of learned Single Judge is modified in reference to the challenge to the order dated 26th September, 2020. The petitioner-appellant is given liberty to assail the order on all available grounds by taking the remedy as provided under Section 128 of the Act of 1965.

The appeal is accordingly disposed of with aforesaid.

Order Date :- 22.1.2021/ V.S.Singh