JUDGMENT :

1. Heard Sri H.R. Mishra, learned Senior Advocate assisted by Sri Chandra Bhan Gupta, learned counsel for the petitioner and Sri Jai Bahadur Singh, learned counsel appearing on behalf of the respondent nos.2 to 4 and the learned Standing Counsel appearing on behalf of the respondent nos.1 and 5.

2. This petition has been filed praying for a direction to be issued to the respondent no. 3, Secretary and Chief Executive Officer, District Cooperative Bank Limited, Fatehpur to make payment of salary to the petitioner as per order dated 23.10.2021 passed by the Deputy Commissioner and Deputy Registrar (Cooperative), Prayagraj Division, Prayagraj along with admissible interest thereon.

3. It is the case of the petitioner that he was posted as Branch Manager in District Cooperative Bank Ltd., Fatehpur (hereinafter referred to as ‘the Bank’). He was placed under suspension on 28.03.2017. The petitioner filed a writ petition, namely, Writ A No.9280 of 2020 for reinstatement and revocation of suspension order and conclusion of the disciplinary proceedings which had been going on for a long time. The Court finally disposed of the petition on 04.11.2020 by referring to Regulation 85(x) of U.P. Co-operative Societies Employees’ Service Regulations, 1975 (hereinafter referred to as ‘the Regulations, 1975’) that no employee shall ordinarily remain under suspension for more than 6 months except when suspension is made on a criminal charge on the direction of the competent Court; by observing that appropriate orders be passed by the competent Authority to conclude the matter of disciplinary proceedings within a period of 30 days from the date of order, failing which, the order of suspension shall stand revoked and the petitioner would be entitled to reinstatement and payment of salary.

4. In pursuance of the said order passed by this Court on 04.11.2020, the Committee of Management by its order dated 25.11.2020, had taken a decision to conclude the disciplinary proceedings and to reinstate the petitioner treating his suspension period as period spent on duty with a punishment of stoppage of 3 increments with cumulative effect. No salary/subsistence allowance was to be paid to the petitioner for the period in which he remained suspended. In pursuance of the decision of the Committee of Management dated 25.11.2020, the responded no.3 passed an order on 15.12.2020 and the petitioner joined his services. He however was retired on 31.01.2021. In pursuance of the impugned order, the petitioner was suffering financially and therefore, he filed Writ A No.853 of 2021 challenging the order dated 15.12.2020 and prayed for payment of salary during the suspension period. This Court disposed of the writ petition on 25.01.2021 on the grounds of remedy of filing an appeal under Regulation 86 of the Regulations, 1975. The Court also directed that in the event, the petitioner preferred an appeal before the appropriate forum, the same would be entertained on merits and dealt with in accordance with law, expeditiously.

5. After that order, the petitioner preferred an appeal. A copy of which has been filed as Annexure-1 to the supplementary affidavit filed by the petitioner on 03.11.2022. The said appeal was preferred to the Joint Commissioner and Joint Registrar Cooperative, Prayagraj Mandal wherein the petitioner prayed that he may be given his balance emoluments as the period of suspension has already been treated by the employer to be period spent on duty and the disciplinary proceedings have concluded with no punishment. According to Sub-clause 7(a) of Regulation No. 85 of the Regulations, 1975, service rules as applicable to the State Government employees would be applicable to employees of Cooperative Society and under the U.P. Government Servant Service Rules and Financial Handbook, subsistence allowance at 75% of the basic salary is payable to an employee who remained under suspension beyond 6 months. In the case of the petitioner, he had remain