Allahabad High Court Dismisses Writ Petition by Retired Government Engineer Challenging Show Cause Notice

Court Upholds Legality of Departmental Proceedings Against Retired Employees for Misconduct During Service

In a significant ruling, the Allahabad High Court has dismissed a writ petition filed by Vipin Chandra Verma, a retired Technical Junior Engineer, challenging a show cause notice issued by the Chief Town and Country Planner, U.P., Lucknow. The case, titled "Vipin Chandra Verma v. State of U.P.," was adjudicated by Justice Manju Rani Chauhan, who upheld the validity of initiating departmental proceedings against retired government servants for alleged misconduct during their service tenure.

The petitioner, Verma, who retired on June 30, 2025, faced allegations of irregularities in the discharge of his duties between 2015 and 2022. These allegations stemmed from a complaint dated April 25, 2025, filed by a relative of a sitting Member of Legislative Assembly (MLA). Subsequently, an inquiry was conducted, leading to the issuance of the show cause notice on September 19, 2025, which Verma challenged in court.

During the hearing, the petitioner's counsel, Mr. Prabhakar Awasthi, argued that post-retirement, Verma had no employer-employee relationship with the government, and thus, the proceedings were unwarranted. Additionally, the complaint was claimed to be politically motivated. However, the court found these arguments untenable, emphasizing that superannuation does not grant immunity from allegations related to service misconduct.

The court clarified that Regulation 351-A of the Civil Service Regulations permits departmental proceedings against retired employees, provided they are initiated within four years of the alleged misconduct. Justice Chauhan further noted that complaints by public representatives or their relatives cannot be dismissed solely as politically motivated, asserting that they warrant due consideration.

Citing precedents from the Supreme Court, including the cases of "Calcutta Discount Co. Limited v. Income Tax Officer" and "Union of India v. Kunisetty Satyanarayana," the court reiterated the principle that a writ petition against a show cause notice is not maintainable, as no legal injury or prejudice is caused at this preliminary stage.

In dismissing the petition, the court urged the petitioner to cooperate with the departmental inquiry and submit a response to the allegations. The ruling reaffirms the legal framework allowing accountability for public servants' actions, even post-retirement, upholding the government's right to ensure integrity in public service.

Bottom Line:

Writ petition challenging a show cause notice issued to a retired government servant is not maintainable as it is a settled proposition of law that no legal injury or prejudice is caused at this stage.

Statutory provision(s): Civil Service Regulations Regulation 351-A

Vipin Chandra Verma v. State of U.P., (Allahabad) : Law Finder Doc Id # 2815895