Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14220 Court No. - 6 Case :- WRIT - A No. - 20310 of 2024 Petitioner :- Vasudev Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents.
2. Case was heard on 6.1.2025 and Court has passed following
order;
"Supplementary affidavit filed today is taken on record. Petitioner is aggrieved for the act of respondent in withholding his pension and further directing for recovery without following the due process of law. Learned Standing Counsel to obtain instructions in the matter as to whether any sanction was obtained in the matter as required under Regulation 351-A of the Civil Service Regulations before passing the impugned order dated
23.11.2024. Let the matter be placed as fresh on 21.01.2025 to enable learned Standing Counsel to obtain instructions in the matter. It is made clear that in the event instructions are not obtained by the next date, the Court will consider interim relief application. "
3. Earlier, learned standing counsel has produced instruction dated 19.1.2025 before this Court. As per instruction, no sanction was obtained under Regulation 351-A of the Civil Service Regulations before passing the impugned order and based upon that, Court has stayed the impugned order. Now, it is undisputed between the parties that sanction under Regulation 351-A of the Civil Service Regulations has not been obtained. Therefore, no useful purpose would be served to keep the matter pending.
4. Under such facts of the case, writ petition is allowed. Impugned
order dated 23.11.2024 is hereby quashed.
5. However, liberty is given to respondent no. 3 to pass fresh order in accordance with law.
6. No order as to costs.
Order Date :- 31.1.2025/Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad