Allahabad High Court
Vipin Kumar Chaudhary vs U.P. Rajkiya Nirman Sahkari Sangh Ltd. ... on 8 February, 2024
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:11798 Court No. - 18 Case :- WRIT - A No. - 785 of 2024 Petitioner :- Vipin Kumar Chaudhary Respondent :- U.P. Rajkiya Nirman Sahkari Sangh Ltd. (Earlier Known As Paccfed) Thru. Its M.D. And 5 Others Counsel for Petitioner :- Mohd.Altaf Mansoor,Puneet Chandra,Tanay Chaudhary Counsel for Respondent :- Rakesh Kumar Chaudhary,C.S.C.,Raj Kumar Upadhyaya (R.K.Upadhyaya),Vijay Vikram Singh Hon'ble Manish Kumar,J.
Heard Shri Jaideep Narain Mathur, learned Senior Advocate assisted by Shri Puneet Chandra, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Anchal Srivastava, Advocate holding brief of Shri Ravi Shankar Tewari, learned counsel for the respondent no. 6.
This Court on 02.02.2024 has passed detailed order whereby time was granted to the learned Standing Counsel to seek instructions in the matter on the point that any approval was taken under Regulation 351 (A) of Civil Services Regulation (hereinafter referred to as, the C.S.R.) prior to the issuance of Charge-Sheet and about the charges that are more than 4 years old prior to the retirement of the petitioner.
On the basis of instructions received, learned Standing Counsel has submitted that the approval was given by the Governor on 10.01.2017.
The approval accorded by the Governor is after the service of charge-sheet upon the petitioner by covering letter dated 10.01.2017. The Division Bench of this Court in the case of Vishweshwar Pathak Vs. State of U.P. and others (2014) SCC OnLine All 16225 has held that post facto sanction could not be obtained from the Governor under Regulation 351(A) of the C.S.R. nor any sanction could cure the initial defect, namely, issuance of a charge-sheet which was invalid at the initial stage itself.
At this stage, learned Standing Counsel prays for and is granted four weeks' time to file counter affidavit.
Rejoinder affidavit, if any, shall be filed by the learned counsel for the petitioner within a period of two weeks, thereafter.
List thereafter.
The operation and implementation of the impugned orders dated 18.01.2024 and 27.12.2023 shall remain stayed till the further order of this Court.
Order Date :- 8.2.2024 Ashish