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2025 DAILYLAW 75011 (ALL)

ARAB SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/9866/2025 · 2025-07-17

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116550 Court No. - 5 Case :- WRIT - A No. - 9866 of 2025 Petitioner :- Arab Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Praveen Kumar Srivastava Counsel for Respondent :- Abhishek Srivastava,Brajesh Pratap Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Praveen Kumar Srivastava, learned counsel for the petitioner, Sri Abshishek Srivastava for respondent nos.2 and 5 and Sri Brajesh Pratap Singh for respondent no.3. 2. Petitioner retired from the post of Superintending Engineer from Uttar Pradesh Power Corporation Limited, Meerut on 31.8.2023 and within 40 days, he was served with a charge-sheet dated 10.10.2023 on alleged irregularities committed during his service from year 2012-2014. 3. Learned counsel for the petitioner submits that he has submitted his reply to the charge-sheet, however, till date, no inquiry report is submitted. 4. Learned counsel for the petitioner further submits that initially petitioner was granted provisional pension, however, w.e.f. 1.9.2024, without any reason, it has been stopped. He further submits that charge-sheet itself is defective and illegal since without any permission from concerned authority, it was served upon the petitioner after his retirement. He fairly submits that this legal issue was not taken note of in the reply submitted to the charge-sheet. 5. Learned counsel for the respondents fairly submits that provisional pension if stopped without any legal impediment, it will be commenced w.e.f. 1.8.2025 after completing necessary formalities, if any, and arrears of provisional pension will be settled within a period of 8 weeks thereafter. He further submits that since the petitioner has already filed a reply, to the charge- sheet, inquiry report will be submitted and thereafter disciplinary proceedings will be concluded expeditiously. 6. I have considered the above submissions and perused the records. 7. Taking note of above submissions so far as grievance in respect of provisional pension is concerned, Court takes note of time line provided by the learned counsel for the respondents on basis of instructions and the Court hopes that it will be honoured. 8. A legal issue is rightly raised by the counsel for the petitioner that without sanction to initiate disciplinary proceedings, after retirement he was served with a charge sheet, however, this issue has not been raised before the Inquiry Officer, therefore, if it is raised along with the reply to show cause notice to be served after submission of the Inquiry Report, the Disciplinary Authority will also take note of it and will conclude the disciplinary proceedings, expeditiously, in accordance with law. 9. With the aforesaid directions and observations, this writ petition is disposed of. Order Date :- 18.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad