Z U ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before Court seeks quashing of the charge-sheet dated 27.06.2011 issued by the Enquiry Officer under letter dated 28.07.2011 with the approval of the Principal Secretary, Rural Engineering Services. Petitioner has prayed for payment of his entire retiral dues along with interest.

(2.) Facts in short leading to the petition are as follows :

(3.) Petitioner before this Court was employed as Assistant Engineering in the Rural Engineering Department of the State of U.P. He attained the age of superannuation on 30.09.2008. After more than three years of his retirement, a charge-sheet dated 27.06.2011 has been served upon the petitioner along with covering letter dated 28.07.2011. The charge-sheet has been signed by the Junior Engineer (Western Region) Rural Engineering Department in his capacity as Enquiry Officer. It is his case that in view of Regulation 351-A read with 370 of Civil Services Regulations, departmental enquiry against the petitioner cannot be instituted/continued without the sanction of the Governor. In the facts of the case, no sanction from the Governor has been obtained, the charge-sheet after more than three years subsequent to his retirement is bad.