MAHAVIR PRASAD SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) In this case learned counsel standing was granted six weeks time to file counter affidavit by order dated 12.9.2000. Thereafter on 6.2.2000 he was granted three weeks and no more time to file counter affidavit but as yet no counter affidavit has been filed. Hence we treat the allegations in the writ petition to be correct.

(2.) The petitioner retired as D.I.O.S. on 31.7.1993. On 10.6.1993 he was served with a charge sheet and thereafter in 1994 he was served with a supplementary charge sheet but it is deeply regrettable that enquiry has not yet been completed and the petitioner is only getting provisional pension. In our opinion the enquiry cannot be kept pending for so many years.

(3.) Learned counsel for the petitioner relies on the rules dated 2.11.1995 made under the Art. 309 of the constitution vide Annexure-8. In Clause 17 of the same it is mentioned that if enquiry commences before the retirement then it must be completed within six months after the retirement. In the present case the petitioner retired on 31.7.1993 and hence almost eight years have expired but the enquiry has not been completed. In the circumstances continuance of the enquiry is wholly arbitrary, and anything which is arbitrary is violative of Art. 14 of the Constitution as held by the Supreme Court in Maneka Gandhi Vs. Union of India, AIR 1978 SC 597 . Hence we quash both the charge sheet and supplementary charge sheet and direct that the petitioner shall be given final pension including all benefits and arrears and interest from the date when it was due at the rate 12% within two months of production of a certified copy of this order in accordance with law. The petition is allowed.