Ambekeshwar Rai vs U.P. Jal Nigam (Urban) Thru. ...
2023 Latest Caselaw 1247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 205 of 2023
 

 
Petitioner :- Ambekeshwar Rai
 
Respondent :- U.P. Jal Nigam (Urban) Thru. Chairman, Lko. And Another
 
Counsel for Petitioner :- Savita Jain
 
Counsel for Respondent :- Rishabh Kapoor
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and Shri Rishabh Kapoor, learned counsel for the respondents.

Learned counsel for the petitioner argues that the petitioner retired from service on 30.6.2019 and after his retirement he has been served with a charge-sheet dated 17.2.2022 making allegations against the petitioner while he was in service for the period 2011 - 2015.

Contention of learned counsel for the petitioner is that no proceedings can be initiated in respect of an allegation which happened four years prior to the date of retirement; he places reliance on a judgment of this Court in the case of Sarwar Mahmood v. U.P. Jal Nigam (Urban) and 2 Ors.; Writ - A No.3262 of 2022 decided on 30.5.2022 as well as a judgment of the Hon'ble Supreme Court in the case of State of U.P. & Anr. v. Shri Krishna Pandey; 1996 AIR 1656.

Considering the fact that the charge-sheet relates to the event which happened in the year 2011 - 2015 and the petitioner has admittedly retired on 30.6.2019, clearly the same are contrary to the proviso contained in Regulation 351A of the Civil Services Regulation, as such, the proceedings are liable to be quashed.

In view thereof, the proceedings in pursuance to the charge-sheet dated 17.2.2022 are quashed.

Respondents would be at liberty to take such steps against the petitioner as may be permissible under law.

The writ petition is disposed off in above terms.

Order Date :- 11.1.2023

nishant