Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 133584 (ALL)

STATE OF U.P. THRU PRIN.SECY. FOREST DEPTT. LKO. and ORS. v. HARI SHANKAR SINGH CHAUHAN and ANR.

WRIA/16007/2020 · 2025-09-01

Manjive Shukla, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 16007 of 2020 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. 1. After hearing the parties and perusing the records what comes out is that some disciplinary proceedings were initiated against the private opposite parties in 1989, which dragged on ultimately resulting in punishment order dated 22.2.2013 by which he was reduced in rank. The said order along with the appellate order was put to challenge before the U.P. Public Services Tribunal by means of Claim Petition NO. 1539 of 2014, which was allowed on 28.11.2019. Against the said judgment the State filed this writ petition in 2020. The opposite party has retired on 31.7.2016 and is receiving post retrial benefits as per law. 2. The contention of petitioner's counsel was that punishment order was allowed on procedural/technical ground, therefore, liberty should have been granted for proceedings against the private opposite party a fresh. 3. Be that as it may, the private opposite party having retired way back on 31.7.2016 i.e. almost 9 years ago it is too late in the day to consider this plea in the circumstances, which have presented before us. We, therefore, decline to exercise our extra ordinary discretionary jurisdiction in the matter 4. The writ petition is dismissed only for this reason. 5. If any post retiral dues are payable to the private opposite party, which have not been paid as yet, the same shall be considered for Versus Counsel for Petitioner(s) : C.S.C. Counsel for Respondent(s) : C.S.C., Jitendra Singh State Of U.P. Thru Prin.Secy. Forest Deptt. Lko. And Ors. .....Petitioner(s) Hari Shankar Singh Chauhan And Anr. .....Respondent(s) payment at the earliest and if entitled the dues such as regular pension etc. shall be paid as per law. September 1, 2025 Anuj Singh WRIA No. 16007 of 2020 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench