Disposed¶7

Sunil Kumar Singh v. U.P. Avas Evam Vikas Parishad Thru. Its Commissioner and 2 Others

Allahabad HC2 May 2025WRIA/4381/2025

Case brief

AI extract

What is this about?

Post-retirement departmental inquiry; charge-sheet issued after superannuation; date of initiation of departmental inquiry (charge-sheet date vs initiation order); retired Assistant Engineer; U.P. Avas Evam Vikas Parishad (Conditions of Service) Regulation, 1966; interim stay of inquiry until further orders; counter affidavit called; service and labour jurisprudence; Allahabad High Court Lucknow Bench; Writ - A No. 4381 of 2025; order dated 2.5.2025.

What did the court decide?

Interim protection granted: departmental inquiry stayed pursuant to the charge-sheet dated 22.1.2025 until further orders; counter affidavit directed within four weeks, rejoinder affidavit within two weeks, and matter listed in the week commencing 7.7.2025; writ petition otherwise pending. ¶7

Sunil Kumar Singh vs U.P. Avas Evam Vikas Parishad Thru. Its Commissioner and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a departmental inquiry can be conducted against a retired employee pursuant to a charge-sheet issued after retirement, given the U.P. Avas Evam Vikas Parishad (Conditions of Service) Regulation, 1966. +1 more

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Court's answer

As an interim measure, until further orders of the Court the departmental inquiry shall not be conducted against the petitioner pursuant to the charge-sheet dated 22.1.2025 (Annexure no. 1 to the writ petition); the substantive issue remains open, with counter affidavit directed within four weeks.

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Ratio / Principle

Stating what it describes as trite law, the Court held that a departmental inquiry is initiated from the date the charge-sheet is issued; merely issuing an order to initiate the inquiry does not commence it.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Writ - A No. 4381 of 2025, Sunil Kumar Singh v. U.P. Avas Evam Vikas Parishad Thru. Its Commissioner and 2 Others — interim order dated 2.5.2025 (Rajesh Singh Chauhan, J.). The petitioner, who retired as Assistant Engineer on 30.6.2024, was served a charge-sheet dated 22.1.2025 (delivered 9.4.2025) by opposite party no. 2, pursuant to an inquiry-initiation order dated 26.5.2024 issued at the fag end of his service. On the petitioner's submission that no provision under the U.P. Avas Evam Vikas Parishad (Conditions of Service) Regulation, 1966 permits a departmental inquiry against a retired employee, and on the Court's observation (termed trite law) that a departmental inquiry is initiated only from the date the charge-sheet is issued and not by a mere initiation order, the Court directed that, until further orders, the departmental inquiry pursuant to the charge-sheet dated 22.1.2025 shall not be conducted. Counter affidavit within four weeks; rejoinder within two weeks; listed in the week commencing 7.7.2025. Substantive issue left open.

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Court No. - 3

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Case :- WRIT - A No. - 4381 of 2025

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Petitioner :- Sunil Kumar Singh Respondent :- U.P. Avas Evam Vikas Parishad Thru. Its Commissioner And 2 Others Counsel for Petitioner :- Pradeep Kumar Rai,Lallan Rai,Prakarsh Pandey,Praveen Kumar Shukla Counsel for Respondent :- Sampurna Nand Shukla

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri P.K. Rai, learned counsel for the petitioner and Sri Pankaj Shukla holding brief of Sri Sampurnanand Shukla, learned counsel for the opposite parties.

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At the very outset Sri P.K. Rai has submitted that the petitioner retired from the post of Assistant Engineer on 30.6.2024 but he has been given charge-sheet dated 22.1.2025 by opposite party no. 2 on 9.4.2025. Sri Rai has submitted that there is no provision applicable on the retired employees of opposite parties to conduct any departmental inquiry after retirement. Since the departmental inquiry could not be conducted, therefore, the charge-sheet cannot be issued against him. The relevant rules applicable on the opposite parties are U.P. Avas Evam Vikas Parishad (Conditions of Service) Regulation, 1966 and as per aforesaid regulation no departmental inquiry can be conducted against the retired employee.

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The initiation of the departmental inquiry is treated from the date when charge-sheet is issued and in the present case the impugned charge-sheet is dated 22.1.2025 i.e. after retirement of the petitioner, though at the fag end of the retirement one order dated 26.5.2024 was issued initiating the departmental inquiry. In view of the trite law to the effect that only by issuing an order to initiate departmental inquiry, the inquiry would not be treated to have been initiated but such departmental inquiry would be initiated from the date the charge-sheet is issued.

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This case was lastly listed on two dates i.e. 28.4.2025 and 30.4.2025 and on both the dates the time was given to learned counsel for the opposite party, on his oral request, to seek specific instructions as to how pursuant to the charge-sheet dated 22.1.2025 any departmental inquiry can be conducted against the petitioner who is a retired employee, learned counsel for the opposite party has informed that he has not been provided any instructions.

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Let the counter affidavit be filed within four weeks.

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Rejoinder affidavit, if any, may be filed within two weeks.

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List in the week commencing 7.7.2025.

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Until further orders of the Court the departmental inquiry may not be conducted against the petitioner pursuant to the charge-sheet dated 22.1.2025 (Annexure no. 1 to the writ petition).

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[Rajesh Singh Chauhan, J.]

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Order Date :- 2.5.2025 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Sunil Kumar Singh v. U.P. Avas Evam Vikas Parishad Thru. Its Commissioner and 2 Others

Case brief

What is this about?

What did the court decide?

Sunil Kumar Singh v. U.P. Avas Evam Vikas Parishad Thru. Its Commissioner and 2 Others

Case brief

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What did the court decide?

Why is it important?

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