Neutral Citation No. - 2025:AHC-LKO:19248 Court No. - 3 Case :- WRIT - A No. - 3445 of 2025 Petitioner :- Arvind Kumar Saxena Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 4 Others Counsel for Petitioner :- Rajeev Kumar Srivastava Counsel for Respondent :- C.S.C.,Rishabh Kapoor Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajeev Kumar Srivastava, learned counsel for the petitioner, Sri Pankaj Patel, learned counsel for State respondent and Sri Rishabh Kapoor, learned counsel for opposite parties No. 2 to 5. 2. By means of this petition, petitioner has prayed following reliefs:- "(i) to issue a writ, order or direction in the nature of Certiorari to quash the ex-parte impugned order dated 1402.2025 passed by opposite party No.3 whereby the petitioner has been penalized for the financial loss which will be recovered from the gratuity/leave encashment and rest of the amount from the 30% of the petitioner, in the interest of justice. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularly opposite party Nos. 2 to 5 to not recover the amount from the gratuity/leave encashment and pension as per the ex-parte impugned order dated 14.02.2025 passed by opposite party No.3 in the interest of justice. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay the gratuity/leave encashment and pension to the petitioner as admissible, in the interest of justice." 3. By means of impugned order dated 14.02.2025 the recovery to the tune of Rs.1223.02 lacs has been directed to be recovered from gratuity and leave encashment of the petitioner as well as 30% of pension of the petitioner would also be recoverable. 4. Learned counsel for the petitioner has stated that the petitioner retired from the post of Executive Engineer on 30.06.2014 having his unblemished service record inasmuch as at the time of his retirement no departmental inquiry or any inquiry was pending against him. After his retirement one inquiry initiated on 12.01.2016 appointing one Inquiry Officer but that departmental inquiry was withdrawn on 28.09.2018. Thereafter, one fresh chargesheet was issued against the petitioner on 19.01.2019 (Annexure-1) i.e. after five years of his retirement. Learned counsel has further stated that there is no statutory prescription in the department to initiate any departmental inquiry against a retired employee, more so after five years, so on the basis of any departmental inquiry initiated after five years, no punishment can be imposed against the retired employee/petitioner. 5. On being asked Sri Rishabh Kapoor to show that any provision of law, rules, regulation, circular etc. authorizing the department to initiate any departmental inquiry against a retired employee after five years and to impose any punishment, no such statutory prescription or provisions of law has been shown. 6. Having heard learned counsel for the parties and having perused the material available on record, since the petitioner retired from service on 30.06.2014 having his unblemished service record and no departmental inquiry or any inquiry of any kind whatsoever was pending against him, no departmental could have been initiated after about five years from his retirement and pursuant to such departmental inquiry which is not permissible under the law, no punishment order can be passed, as such punishment would be illegal, arbitrary and uncalled for. 7. Accordingly, the writ petition is allowed and the impugned order dated 14.02.2025 is hereby set-aside/quashed. The impugned order may not be executed against the petitioner. 8. The opposite parties are directed to make payment of gratuity, leave encashment and pension to the petitioner ignoring the impugned order dated 14.02.2025 withing a period of two months. If the aforesaid payment is not paid to the petitioner within time so stipulated, the petitioner may be entitled for the interest on the delayed payment strictly in accordance with law. 9. However, it is needless to say that the department may take appropriate action against the petitioner if it is permissible under any law. Order Date :- 7.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench