Disposed

Satyaverat v. State of U.P. and 4 Others

Allahabad HC19 Sept 2023WRIA/15625/2023

Case brief

AI extract

What is this about?

This court directed the Managing Director to transmit the petitioner's appeal to the Chairman for decision within 30 days. The recovery of the awarded sum was stayed pending the Chairman's decision on the appeal, which concerns both facts and law.

What did the court decide?

Recovery of Rs. 4 lacs stayed pending decision of the appeal by the Chairman; appeal transmitted to Chairman for decision within 30 days.

Satyaverat Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:181050

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Court No. - 33

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Case :- WRIT - A No. - 15625 of 2023

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Petitioner :- Satyaverat Respondent :- State of U.P. and others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- CSC, Abhishek Srivastava, Kartikeya Saran

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Hon'ble J.J. Munir,J.

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Heard Mr. Pranesh Kumar Mishra, learned Counsel for the petitioner, Mr. Abhishek Srivastava, learned Counsel appearing on behalf of respondent No. 2, Mr. Vinayak Ranjan, Advocate holding brief of Mr. Kartikeya Saran, learned Counsel for respondent Nos. 3, 4 and 5, and Mr. Girijesh Kumar Tripathi, learned Additional Chief Standing Counsel appearing on behalf of respondent No. 1.

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The petitioner has been punished by the Managing Director, Paschimanchal Vidyut Vitran Nigam Limited after disciplinary proceedings and awarded a censure entry of withholding one increment with cumulative effect, besides recovery of a sum of Rs. 4 lacs. The petitioner has preferred an appeal from the said order to the Managing Director, Uttar Pradesh Power Corporation Limited, Lucknow. The order dated 30.08.2022 passed against the petitioner by the Managing Director, Paschimanchal Vidyut Vitran Nigam Limited, Meerut is appealable to the Chairman of the Uttar Pradesh Power Corporation Limited, Lucknow, and not the Managing Director of the said Corporation. The appeal is maintainable under Regulation 11 of the Uttar Pradesh Power Corporation Limited Personnel (Discipline and Appeal) Regulations, 2020.

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Mr. Abhishek Srivastava, learned Counsel appearing on behalf of respondent No. 2, Mr. Vinayak Ranjan, Advocate holding brief of Mr. Kartikeya Saran, learned Counsel for respondent Nos. 3, 4 and 5, and Mr. Girijesh Kumar Tripathi, learned Additional Chief Standing Counsel appearing on behalf of respondent No. 1 have made a unanimous statement at the Bar that looking to the nature of the order that this Court proposes to pass, they waive their right to file a return.

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The Managing Director of the Uttar Pradesh Power Corporation Limited, who is an officer in the same establishment, shall cause the appeal to be transmitted to the Chairman within three days. The Chairman of the Uttar Pradesh Power Corporation Limited shall proceed to decide the petitioner's appeal dated 10.10.2022 within 30 days of date and communicate the order passed by him to the petitioner at his address given in the cause title by registered post.

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Considering the fact that the appeal before the Chairman is an appeal of right on both facts and law, it is expedient, in the interest of justice, that no recovery be made from the petitioner until decision of the appeal by the Chairman, Uttar Pradesh Power Corporation Limited.

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The writ petition stands disposed of in terms of the orders aforesaid.

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Let this order be communicated to the Managing Director, Uttar Pradesh Power Corporation Limited, Lucknow and the Chairman, Uttar Pradesh Power Corporation Limited, Lucknow by the Registrar (Compliance) within 24 hours next .

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Order Date :- 19.9.2023 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Satyaverat v. State of U.P. and 4 Others

Case brief

What is this about?

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Satyaverat v. State of U.P. and 4 Others

Case brief

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