Neutral Citation No. - 2025:AHC:47921 Court No. - 5 Case :- WRIT - A No. - 16183 of 2024 Petitioner :- Hari Raj Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Chhaya Gupta,Sujeet Kumar Counsel for Respondent :- Abhishek Srivastava,C.S.C. Hon'ble Ajay Bhanot,J. 1. By the impugned order dated 30.10.2023 passed by the respondent No. 3 a major penalty of reduction of pension has been imposed upon the petitioner. The impugned order dated 13.06.2024 has been passed by the appellate authority rejecting the appeal against the said order has also been assailed in the writ petition. A challenge has been made to the order dated 21.12.2023 which is of a consequential nature and seeks to implement the order passed by the disciplinary authority. 2. The petitioner superannuated as Chief Engineer in the respondent Corporation on 31.12.2020. Disciplinary proceedings were initiated against the petitioner after his retirement on 30.10.2021. Permission under Article 351-A of the Civil Services Regulations (hereinafter 'CSR') for initiating the disciplinary enquiry post retirement was taken by the competent authority on 09.12.2021. After the conclusion of the enquiry the impugned punishment order dated 30.10.2023 was passed. There was no legal impediment to the departmental enquiry after retirement of the petitioner in view of the above said facts and the law laid down by a Full Bench of this Court in Service Bench No. 17234 of 2016 (U.P. Power Corporation Ltd. Thru. Chairman cum M.D. & Anr Vs. Kanti Prasad Varshney) 3. Shri Sujeet Kumar, learned counsel assisted by Ms. Jhanvi Singh, learned counsel on behalf of the petitioner contends that the appellate authority has not applied its mind to the grounds of appeal. 4. Shri Abhishek Srivastava, learned counsel assisted by Ms. Kritika Sinha, learned counsel for the respondent could not satisfactorily dispute the said submission. 5. Heard learned counsel for the parties. 6. Perusal of the order passed by the appellate authority does not reflect application of mind to the grounds taken in the memo of appeal. Departmental appeal is not a formality. The appellate authority is quasi judicial authority which has to independently apply its mind to the grounds taken in the memo of appeal and return findings thereon. Admittedly in the instant case, the said obligation has not been discharged by the appellate authority and the impugned order was passed in a mechanical manner. The order passed by the appellate authority is vitiated and is liable to be set aside. 7. The impugned order dated 13.06.2024 is accordingly set aside. 8. The matter is remitted to the appellate authority for fresh adjudication of the appeal consistent with the observations made above. 9. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. 10. Writ petition is allowed to the extent indicated above. Order Date :- 4.4.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad