SATYA PAL GUSAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality, validity and powers of the authority to initiate departmental enquiry against him and has prayed for setting aside the departmental proceedings on the ground that it is not open for the authority to initiate departmental enquiry after his retirement from service.

(2.) The detailed facts leading to the petition are as under :-

(3.) The petitioner was asked to give his defence letter within 30 days from the date of receipt of the said charge-sheet. It is stated in paragraph 5 of the said order that the petitioner is to retire on 30th June, 2000 and since the enquiry could not be concluded before his retirement, under Rule 189A of the Bombay Civil Services Rules, 1959 ("B.C.S.R.", for short), the enquiry will be continued after his retirement.