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2022 Supreme(All) 1564

RAJESH BINDAL, J. J. MUNIR
Managing Director, Pradeshik Cooperative Dairy Federation Ltd. , Lucknow – Appellant
Versus
Virendra Kumar Srivastava(since deceased) by his LRs – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.D. Mishra
For the Respondent: S.C. Srivastava

JUDGMENT :

By the Court.-This is a respondents' appeal, arising out of the judgment of the learned Single Judge dated April 1, 2011, allowing the writ petition and setting aside the order of dismissal from service dated June 21, 1996 passed against the writ petitioner-respondent No. 1 to this appeal. By the impugned judgment, the learned Single Judge has further directed payment of 50% back-wages. Liberty was given to the respondents to pass a fresh order in accordance with law.

2. Shorn of unnecessary details, the facts are that the writ petitioner was appointed as a Project Operator with the Pradeshik Cooperative Dairy Federation Limited, Lucknow (for short, 'the PCDF'), an Apex Milk Cooperative Society, as envisaged in Section 2(a-4) of the Uttar Pradesh Cooperative Societies Act, 1965 (for short, 'the Act of 1965'). A Project Operator in the employ of the PCDF holds a Class-IV post. The writ petitioner was charge-sheeted on charges of embezzlement and misappropriation of the PCDF's money. After a departmental inquiry, he was dismissed from service on June 21, 1996 by an order

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