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2025 DAILYLAW 112387 (ALL)

KAILASH NARAYAN v. STATE OF U.P. AND 2 OTHERS

WRIA/20428/2024 · 2025-01-31

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14209 Court No. - 6 Case :- WRIT - A No. - 20428 of 2024 Petitioner :- Kailash Narayan 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 21.01.2025 and Court has passed following order; "Heard learned counsel for the petitioner and Sri Chandan Kumar, learned standing counsel for State-respondent. 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 28.01.2025 along with records of Writ A Nos. 35 of 2025, 36 of 2025, 37 of 2025, 38 of 2025 and 40 of 2025 amongst top ten cases to enable learned Standing Counsel to obtain instructions in the matters. It is made clear that in the event instructions are not obtained by the next date, the Court will consider interim relief application." 3. Pursuant to order dated 21.1.2025, learned standing counsel has produced instruction dated 25.1.2025. which is taken on record. As per instruction, no sanction has been obtained under Regulation 351-A of the Civil Service Regulations before passing the impugned order. 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