Devendra Kumar Arora, J. - (1.) HEARD Sri Sandeep Dixit, learned counsel for the petitioner, learned Standing Counsel as well as Sri Shireesh Kumar, learned counsel appearing for opposite parties no. 2 to 5.
(2.) BY means of present writ petition, the petitioner has prayed for quashing of the order dated 6th November, 2009, issued on 09.11.2009 (Annexure No. 7) by which disciplinary proceedings with respect to loss of Rs. 7,57,106.73 caused to the Federation, have been initiated against him and Sri Ram Charan, Senior Manager (Accounts) has been appointed as Inquiry Officer. Petitioner has further sought for quashing of orders dated 6.4.2011 and 13.4.2011 and 13.4.2011, issued on 09.11.2009 (Annexures No. 22, 23 & 24) by which he has been awarded punishment of recovery of Rs. 8,07,873.73 from his retiral dues as well as from his movable and immovable properties alongwith an adverse entry. Petitioner has also sought quashing of the order dated 13.4.2011 (Annexure No. 23) by which representation moved by him in compliance of order dated 16.9.2010, passed in Writ Petition No. 6547 (SS) of 2010 (Brij Kishore Singh vs. State of U.P. & others) has been disposed of on merit by the Managing Director (Opposite Party No. 3). Petitioner has further prayed for a writ in the nature of mandamus commanding the opposite parties not to proceed in pursuance of impugned orders dated 6th April, 2011, 13th April, 2011 and 13th April, 2011 (Annexures No. 22, 23 & 24) and make payment of his all post retiral dues i.e. gratuity, leave encashment, arrears of salary w.e.f. 1.1.1996 to November, 1999 on account of revision of the scale of pay, balance pay from 01.4.2000 to 30.11.2000, arrears of salary of 6th Pay Commission w.e.f. 1.1.2006 and security alongwith 18% interest. Petitioner has further prayed for a writ in the nature of mandamus commanding the opposite parties to promote him from the date juniors to him have been promoted on the post of District Manager alongwith all consequential benefits.
(3.) FACTS of the case, as emerged out from pleadings of the writ petition, are that the U.P. Cooperative Federation Limited, Lucknow (hereinafter referred to as 'P.C.F.') is an apex society as per the provisions of under section 2(a)(4)(3) of the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as 'Act'). Under the provisions of Section 31 -A of the Act, it has been provided that for every apex society there shall be a Managing Director, instead of a Secretary, who shall be a government servant not below the rank of the Class -I Officer, nominated by the State Government and his services shall be deemed to be on deputation with the Society and the Managing Director shall be a Chief Executive Officer of the apex society. The State Government has been vested with the authority to control the employees of the Cooperative Societies under section 122 of the Act. The State Government framed the Service Regulations known as the U.P. Cooperative Employees Service Regulations, 1975 which are applicable in the petitioner's case. Petitioner was appointed on the post of Field Officer or equivalent post i.e. the Superintendent on 3.8.1979 on the recommendations of the U.P. Cooperative Institutional Service Board, Lucknow (hereinafter refereed to as 'Board'. After two years, petitioner's post was upgraded and w.e.f. 19th September, 1981 the petitioner worked on the post of Deputy Manager in the P.C.F. which is a class III post under Rule 3(1)(C) of the U.P. Pradeshiya Cooperative Federation Employees Service Regulations, 1980, have been framed with the approval of the Board and the same is identical to the U.P. Cooperative Employees Service Regulations, 1975. The petitioner attained the age of superannuation on 31.8.2009 and retired from service on attaining the age of 60 years, while working on the post of Deputy Manager in the pay -scale of Rs. 6500 -10,500.;