Allahabad High Court
U.P. Cooperative Sugar Factories ... vs Lalta Prasad Sonkar And Another on 27 May, 2024
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:40299-DB
Court No. - 2
Case :- SPECIAL APPEAL DEFECTIVE No. - 261 of 2024
Appellant :- U.P. Cooperative Sugar Factories Federation Ltd. Lko. Thru. Managing Director
Respondent :- Lalta Prasad Sonkar And Another
Counsel for Appellant :- Sudhanshu Chauhan
Counsel for Respondent :- Yogendra Mishra,Amit Kumar Singh,C.S.C.
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
(C. M. Application No. 1 of 2024)
This is an application for condonation of delay in filing special appeal supported with affidavit.
Heard Shri Sudhanshu Chauhan, learned counsel for the appellant and learned Additional Chief Standing Counsel for the State.
Cause shown in the affidavit filed in support of the application for condonation of delay in filing special appeal is sufficient.
The application is allowed and the delay is condoned.
.
(Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 27.5.2024
R.K.P.
Neutral Citation No. - 2024:AHC-LKO:40299-DB
Case :- SPECIAL APPEAL DEFECTIVE No. - 261 of 2024
Appellant :- U.P. Cooperative Sugar Factories Federation Ltd. Lko. Thru. Managing Director
Respondent :- Lalta Prasad Sonkar And Another
Counsel for Appellant :- Sudhanshu Chauhan
Counsel for Respondent :- Yogendra Mishra,Amit Kumar Singh,C.S.C.
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
1. Heard Shri Sudhanshu Chauhan, learned counsel for the appellant and learned Additional Chief Standing Counsel for the State.
2. This is a Special Appeal under Chapter VIII Rule 5 of the Allahabad High Courts Rules challenging judgment and order dated 21.02.2024 passed in Writ - A No. 8726 of 2023; Lalta Prasad Sonkar Vs. State of U.P. and Ors.
3. The only grievance raised by the appellant is that while quashing the order of punishment a direction has been issued for payment of all the post retiral dues to the respondent/petitioner, however, there are proceedings for surcharge pending against the respondent/petitioner under Section 68 of the Uttar Pradesh Co-operative Societies Act, 1965 (hereinafter referred to as 'the Act, 1965'). After submission of final report personal hearing has been given to the respondent itself and order is expected to be passed in near future, therefore, this aspect be taken into consideration. He fairly submitted that this fact could not brought to the notice of the Court. He has also invited our attention to Section 92 of the Act, 1965, according to which, if any amount of surcharge is imposed upon the respondent, then, the same is recovered from arrears of land revenue under the said provision. However, we do not find any provision under which the same could be recovered or adjusted from the post retrial dues of the respondent, therefore, we dispose of this appeal without interfering with the impugned judgment subject to the caveat that in the event any order is passed under Section 68 of the Act, 1965, then, the course of action to be initiated for recovery of said amount would be as per law and not by way of adjustment from the post retiral dues of the respondent. This of course is without prejudice to the rights of the respondent to challenge any such order as per law.
4. With the aforesaid observations/directions, the special appeal is finally disposed of.
.
(Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 27.5.2024
R.K.P.
