Sudhir Agarwal, J. - (1.) This Full Bench has been referred two questions for adjudication by a Division Bench of this Court vide order dated 27.10.2017 noticing some inconsistencies in Regulation 84 of U.P. Co-Operative Societies Employees Service Regulations, 1975 (hereinafter referred to as "Regulation, 1975") and Rule 83 of U.P. Co-operative Federation Limited Karmchari Seva Niyamawali, 1980 (hereinafter referred to as "Rules, 1980") and also expressing its disagreement with view taken by another Division Bench in Virendra Kumar Gupta Vs. State of U.P. and others in Service Bench No. 614 of 2009, decided on 28.07.2015.
(2.) The questions referred for adjudication are as under: "1. Whether Regulation 84 of the U.P. Co-operative Societies Employees' Service Regulation 1975 read with Rule 83 of the U.P. Co-operative Federation Limited Karmchari Seva Niyamawali, 1980 services can be harmonized so as to uphold the punishment by way of dismissal of an employee coupled with an order directing recovery of an amount on the charge of a financial embezzlement or misappropriation to be included within the fold of Regulation 84 ? 2. Whether the law laid down in the case of Virendra Kumar Gupta Vs. State of U.P. and others (Supra) in respect of the true import of Regulation 84 read with Rule 83 aforesaid does not state the correct position of law as against the reasoning given by the learned Single Judge in paragraph no.13 in the case of Satya Narain Mishra Vs. Praband Nideshak and another (Supra) and alternatively as to whether the statement of law in that regard as explained in the judgment of Satya Narain Mishra Vs. Praband Nideshak and another (Supra) should be accepted as the correct position of law ?" (Emphasis added)
(3.) The facts giving rise to the present Reference may be stated as under.;