CHHATRASINH N CHAUHAN Vs. SECRETARY

JUDGEMENT

(1.) The appellant -petitioner has approached this Court by invoking Article 226 of the Constitution of India for quashing and setting aside an inquiry instituted against him and for getting retiral benefits.

(2.) The case of the appellant was that he was serving as Superintending Engineer. On 31/03/1992, he retired from service after office hours. A day before his superannuation, i.e. on 30/03/1992, he was served with a charge sheet containing allegations of irregularities said to have been committed by him between 1981 and 1985. He submitted his reply. The departmental inquiry, however, was not proceeed further. It is in these circumstances that he approached this Court by filing SCA No. 490 of 1993. The matter came up for admission before the learned Single Judge. Notice was issued to the respondents and was made returnable on 27/01/1993. No affidavit was filed and the matter was adjourned from time to time. On 16/07/1993, the learned Single Judge admitted the petition and by way of interim relief, it was directed that the petitioner should be paid his gratuity amount on his furnishing security before the authority making the payment and his filing an undertaking in this Court that he would refund the amount to the respondent in case his petition is dismissed. Regarding commuted pension, a direction was issued to the authority to allow to commute pension as per Rules and the petitioner would be paid 50% of commuted pension on his furnishing security for similar amount.

(3.) It appears that earlier, interim relief was granted against proceeding with the inquiry which came to be vacated and it was observed: