Neutral Citation No. - 2025:AHC:39557 Court No. - 4 Case :- WRIT - A No. - 2734 of 2025 Petitioner :- Ravi Saxena Respondent :- The State Of Up And Another Counsel for Petitioner :- Irfan Ahmad Malik Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Instructions placed today are taken on record. 2. Heard learned counsel for parties. 3. This Court on 05.03.2025 had passed the following orders: " 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents. 2. Learned counsel for the petitioner submitted that earlier petitioner is working on the post of Sub Inspector of Police (Accountant) and superannuated on 31.1.2019. After retirement, petitioner has received show cause notice dated 9.9.2024 alongwith preliminary enquiry report dated 26.6.2024. Thereafter, petitioner has submitted reply of the same, but without considering the reply of petitioner, respondent no.2 has passed impugned order dated 16.12.2024 imposing a penalty of Rs. 4,88,087/- upon the petitioner for recovery. 3. Learned counsel for the petitioner assailed the impugned order on two grounds. Firstly, he submitted that after retirement respondent can only pass order under Article 351-A of Civil Service Regulations and secondly without giving regular charge sheet based upon preliminary enquiry report, impugned order may not be passed. 4. Learned Standing Counsel prays for and is granted two weeks time to seek instruction about the matter. 5. Put up this case as fresh on 19.3.2025 amongst top ten cases. 6. Till then, no recovery shall be made pursuant to the impugned order dated 16.12.2024. " 4. Learned Standing Counsel has obtained instructions in the matter and from the instructions it does not transpire as to whether permission/ approval was obtained from the Governor exercising power under Regulation 351-A of the Civil Service Regulations before imposing penalty of recovery against the petitioner from his post retirement dues. 5. Upon a pointed query being made, learned Standing Counsel very fairly conceded that no such instructions are available. 6. In such above view of the matter impugned order deserved to be set aside. 7. Accordingly the impugned order dated 16.12.2024 passed by the Senior Superintendent of Police, Bareilly is hereby quashed and the petition is allowed with the liberty to the respondents to proceed afresh in accordance with law. Order Date :- 19.3.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad