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2025 DAILYLAW 168230 (ALL)

SHRAWAN KUMAR v. UNION OF INDIA THRU. SECY. (POSTS) DAK BHAWAN NEW DELHI AND 3 OTHERS

WRIA/11790/2025 · 2025-10-09

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11790 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. Heard learned counsel for petitioner and Sri S. B. Pandey, learned Deputy Solicitor General of India assisted by Sri Dev Rishi Kumar, learned counsel for opposite parties. Petition has been filed challenging the order dated 28.07.2025 whereby notice has been issued to petitioner to show cause why his entire pension may not be forfeited alongwith gratuity. Learned counsel for opposite parties has raised a preliminary objection regarding maintainability of this writ petition in view of the fact that the impugned letter is only in the nature of show cause notice to which petitioner has already submitted his representation and therefore until and unless a final order is passed the petition is pre-mature. Learned counsel for petitioner in rebuttal has submitted that the authority issuing impugned letter does not have any jurisdiction to do so since petitioner superannuated from service in the year 2019 and the Secretary (Posts), Department of Posts, Government of India acquired this power only by means of notification dated 07.10.2022 amending Rule 8 of the Central Civil Services (Pension) Rules, 2021. It is also submitted that even otherwise, with regard to same aspect, petitioner has already been visited with the punishment order dated 23.10.2019 and therefore in case a fresh order of punishment is passed, it would amount to double jeopardy Versus Counsel for Petitioner(s) : Arvind Kumar Srivastava, Satish Chandra Verma Counsel for Respondent(s) : A.S.G.I. Shrawan Kumar .....Petitioner(s) Union Of India Thru. Secy. (Posts) Dak Bhawan New Delhi And 3 Others .....Respondent(s) and hit the provisions of Article 20 of the Constitution of India. However, since it is admitted that the impugned letter is only in the nature of show cause notice and a representation/reply has already been filed by petitioner, opposite party No.1 is directed to take a final decision thereupon expeditiously, within a period of four weeks specifically adverting to the grounds raised by the petitioner. With the aforesaid direction, petition stands disposed of. October 9, 2025 lakshman WRIA No. 11790 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench