Ram Swaroop Singh vs State Of U.P. Thru Prin.Home ...
2014 Latest Caselaw 637 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 1635 of 2014
 

 
Petitioner :- Ram Swaroop Singh
 
Respondent :- State Of U.P. Thru Prin.Home Govt.Of Up Civil Sectt.Lko.&Ors
 
Counsel for Petitioner :- Ramesh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

In pursuance of the order dated 28.03.2014, Sri Navniet Sekera, Deputy Inspector General of Police, Lucknow Range, Lucknow,  is present.

Learned Chief Standing Counsel placed before the Court, a copy of the Government order dated 28.08.2008, which provides that where financial benefit is to be provided, the approval of the appointing authority is necessary, and in this back-ground, submission of learned Chief Standing Counsel is that the Superintendent of Police, Sitapur has passed an order dated 20.12.2012, which is beyond his competence and he was required to take prior approval from the Deputy Inspector General of Police. But in the present case, the issue involved relates to deviation of para 5(5) of the said Government order dated 28.08.2008, which provides the principle of no work, no pay, therefore, the deviation can be done by the State Government, as such, the matter has been referred to the State Government on 18.02.2014 and the same is pending consideration before the State Government.In this view of the matter, the submission of learned Chief Standing Counsel is  that the Deputy Inspector General of Police, is not in a position to pass any order.

I appreciate the submission of learned Chief Standing Counsel. He is directed to seek instructions in the matter and to produce the decision so taken, on the issue of consequential benefits to the petitioners, referred to the State Government on 18.02.2014, within a period of two weeks'. 

List this case on 24.04.2014.

The appearance of Sri Navniet Sekera, Deputy Inspector General of Police, Lucknow Range, Lucknow is dispensed with.

Order Date :- 7.4.2014

Vijay