Allahabad High Court · 2025-07-03
WRIT - A No. 44 of 2024 at Allahabad
- Citation / case number
- WRIT - A No. 44 of 2024 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- WRIT - A No. 44 of 2024 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:103819 Court No. - 4 Case :- WRIT - A No. - 44 of 2024 Petitioner :- Prem Lata Mishra Respondent :- State of U.P. Counsel for Petitioner :- Shri Kant Shukla Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties and perused the records. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of punishment imposing major penalty in the nature of withholding pension permanently and also gratuity amount. 3. It is contended that though prior permission was given by the Governor in exercise of power under Regulation 351A of the Civil Service Regulations but as a matter of fact the procedure adopted in the inquiry was a flawed one. It is contended that the inquiry was required to be conducted as per the procedure contained under the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 (herein after referred to as 'Rules, 1999') in which vide Rule 7 a detailed procedure has been prescribed wherein it has been provided that in the event delinquent employee denies the charges, it is the duty for the inquiry officer to record not only oral statement o