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2017 Supreme(All) 2644

RANVIJAI SINGH, NEERAJ TIWARI
Mithai Lal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.C. Misra, Shailesh Kumar Tripathi Counsel

JUDGMENT :

1. We have heard Sri Shailesh Kumar Tripathi, learned counsel for the petitioner and the learned standing counsel for the respondents.

2. By means of this writ petition prayer has been made to issue a writ of certiorari quashing the charge sheet dated 10.7.2013 issued under the signatures of the Enquiry Officer and the Engineer in Chief (Design and Planning), Irrigation Department, U.P. Lucknow and the order dated 3.3.2014 passed by the Enquiry Officer by which the petitioner was directed to submit his reply.

3. The charge sheet has been challenged on number of grounds, one of the main grounds is that in view of Regulation 351-A of Civil Services Regulations, 1975 ( in short the CSR) the enquiry can be instituted in respect of an event which took place not more than four years before the institution of such proceedings. Here in this case, as per case of the petitioner he retired from service on 30.6.2009 and charge sheet was issued on 10.7.2013 beyond the period of four years, therefore, the charge sheet itself is without jurisdiction.

4. Considering the petitioner's submissions and the grounds raised in this writ petition, this Court while entertaining the writ petition on












































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