RAMNARAYAN R MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, direction or order directing the respondents to release retiral benefits like Provident Fund, Gratuity, Leave Encashment etc. and also to grant pension. The petitioner has also further prayed for an appropriate order quashing and setting aside the charge -sheet dated 07.09.1996.

(2.) IT is the case on behalf of the petitioner that he was appointed in the year 1951 as a Peon in the subordinate Cadre and later on in the year 1966, he came to be posted as Lift -man in the Civil Hospital; that, he was holding the certificate of Wireman and he came to be promoted as Wireman in the year 1994. That he has been retired from the service vide letter dated 30.10.1996 and before that at the fag end of his service, the petitioner has been served with charge -sheet dated 07.09.1996 alleging inter -alia that the petitioner has produced forged documents of birth date and has tempered with Government record and though the petitioner was to be superannuated on 01.02.1992, he has been wrongly continued; as per the School Leaving Certificate his date of birth is 01.01.1934 and in the service record his date of birth was 01.07.1929 and the petitioner has tempered with the same and it was changed to 01.07.1939; the petitioner has entered service on 12.05.1951. Therefore, if the date of birth of the petitioner is 01.07.1939, he could not have joined on 12.05.1951. On the basis of said charge -sheet dated 07.09.1996, when the petitioner was retired on 30.10.1996, the petitioner has not been paid retiral benefits and pension has not been fixed and, therefore, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.

(3.) IT is required to be noted, during the pendency of the petition, the petitioner has been paid provisional pension. Mr. T.R.Mishra, learned Advocate appearing on behalf of the petitioner has vehemently submitted that at the time of entering the service, the petitioner had produced relevant documentary evidence and, therefore, the petitioner has not committed any misconduct as alleged in the charge -sheet dated 07.09.1996. It is submitted by him that as the charge -sheet was issued against the petitioner at the fag end of his service career, departmental inquiry ought not to have been initiated against the petitioner and the charge -sheet ought not to have been issued. It is submitted that charge -sheet dated 07.09.1996 is still pending and no further action has been taken pursuant to the aforesaid charge -sheet. Therefore, it is requested to allow the present Special Civil Application directing the respondents to pay retiral benefits to the petitioner inclusive of provident fund, gratuity, leave encashment, pension etc.