Neutral Citation No. - 2025:AHC-LKO:40918 Court No. - 5 Case :- WRIT - A No. - 5074 of 2025 Petitioner :- Ram Prakash Gupta (R.P. Gupta) Respondent :- U.P. Rajkiya Nirman Nigam Limited Lko. Thru. Managing Director Counsel for Petitioner :- Shobhit Nigam Counsel for Respondent :- Shishir Jain Hon'ble Abdul Moin,J. 1. Heard learned counsel for petitioner and Mr. Shishir Jain, learned Counsel for opposite party. 2. Petition has been filed seeking quashing of the charge-sheet dated 06.08.2019 and the order dated 07.02.2023 directing recovery against petitioner upon conclusion of the inquiry proceeding. 3. Learned counsel for petitioner submits that petitioner superannuated from service of the U. P. Rajkiye Nirman Nigam Limited on 31.10.2011 whereafter the impugned charge-sheet has been issued in the year 2019. 4. It has been submitted that there is no provision in terms of the Working Manual applicable upon Employees of the Corporation for initiation of disciplinary proceedings against superannuated employees. 5. Learned counsel has placed reliance on judgment rendered by Coordinate Bench of this Court in the case of Pradeep Agarwal versus State of U. P. & Ors., Writ A No.6975 of 2020. 6. Learned counsel for opposite party on the basis of instructions submits that although there was no provision earlier for initiation of disciplinary proceedings against superannuated employees, an amendment was incorporated in the Working Manual of the Corporation particularly in Clause 709(Ch) with effect from 21.01.2020. 7. A perusal of the judgment and order dated 18.01.2023 passed by Coordinate Bench of this Court in the case of Pradeep Agarwal (supra) clearly indicates the aspect that the amendment which shall be notified on 21.01.2020 does not have any provision for retrospective application. 8. Learned counsel for opposite party also does not claim any retrospectivity with regard to the amendment so made in the Working Manual. 9. In view of aforesaid, it is quite evident that petitioner having superannuated in the year 2011, was not covered by the amendment so notified on 21.01.2020 and therefore there was no provision under which disciplinary inquiry could have been initiated against petitioner. 10. Considering aforesaid facts and circumstances, the impugned charge-sheet dated 06.08.2019 and recovery order dated 07.02.2023 are hereby quashed by issuance of a writ in nature of Certiorari. 11. Accordingly, the petition succeeds and is allowed. Parties to bear their own costs. Order Date :- 17.7.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench