ANAND SWAROOP DOHRE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Bramh Narayan Singh, learned counsel appearing for petitioner and learned Standing Counsel representing State respondents.

(2.) By means of this petition filed under Article 226 of the Constitution petitioner has prayed for a writ of certiorari for quashing the order dtd. 22/4/2024 passed by the Finance Controller, U.P. Police Headquarter, Lucknow directing for withholding of the pension payment order/ gratuity payment order in contemplation of a permission to be granted by the Hon'ble Governor in exercise of power vested under Article 351-A of the Civil Service Regulations.

(3.) It is argued by learned counsel for petitioner that there is no such law which permits respondents to issue charge-sheet to a retired employee without seeking permission from the Governor within the meaning of Article 351-A of the Civil Service Regulations, and hence, the charge-sheet itself is null and void. He submits that petitioner got superannuated on 30/1/2024 and charge-sheet came to be issued on 1/5/2024, which therefore, was per se bad as the Government rules do not provide for institution of any disciplinary enquiry against an employee who has attained the age of superannuation except with the prior approval of the Governor. It is, therefore, contended that in the event rules provides for prior approval, any order without seeking prior approval is liable to be held null and void for want of lawful authority.