SUNIL KUMAR v. U.P. STATE BRIDGE CORPORATION LTD. LKO. THRU. MANAGING DIRECTOR AND ANOTHER
WRIA/11104/2025 · 2025-09-19
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165695 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165695 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11104 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J.
1. Heard learned counsel for the petitioner and Sri Shishir Jain, learned counsel for the respondents.
2. Learned counsel for the petitioner states that the petitioner retired on attaining the age of superannuation on 31.01.2022. Subsequent to his retirement, the respondents have issued an office order dated 01.08.2025, a copy of which is Annexure-1 to the petition, per which it has been
directed that the charge sheet is to be issued to the petitioner.
3. The argument of learned counsel for the petitioner is that initiation of disciplinary proceedings cannot be done for the charges which are four years old considering the retirement of an employee and thus the office
order cannot be validly issued by the respondents.
4. On the other hand, Sri Jain has taken an objection that the bar of four years as provided under the rules only pertains to a charge sheet and no charge sheet has still been issued and consequently the writ petition is premature.
5. Upon the same being pointed out learned counsel for the petitioner states that he may be permitted to submit a representation against the said office order and the competent authority be directed to consider the said representation in accordance with law.
6. Considering the aforesaid, the writ petition is disposed of leaving it Versus Counsel for Petitioner(s) : Ashok Shukla, Rakesh Bajpai Counsel for Respondent(s) : Shishir Jain Sunil Kumar .....Petitioner(s) U.P. State Bridge Corporation Ltd. Lko. Thru. Managing Director And Another .....Respondent(s)
open to the petitioner to submit a representation before respondent no.2 within a period of one week from today. In case the petitioner submits such representation, the respondent no.2 shall endevour to decide the same by means of a reasoned and speaking order within a further period of four weeks from the date of submission of the representation along with certified copy of this order.
7. It is made clear that this Court has not gone into the merits of the case. September 19, 2025 A. Katiyar WRIA No. 11104 of 2025 2 (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench