N P JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, who was ordered to be compulsorily retired by the respondents on 30.4.1991, has filed this writ petition for fixing his pension, gratuity and release of retiral benefits with some ancillary prayers for other minor reliefs, reference to which would be made in the subsequent part of this judgment.

(2.) Shortly, stated, the facts are:-

(3.) Petitioner joined the respondents in the Excise and Taxation Department on 22.2.1955. While the petitioner was posted as Taxation Inspector with the respondents, he was ordered to be placed under suspension on 31.10.1988 due to certain acts of omission and commission. Petitioner was reinstated in service with affect from 31.5.1989 without prejudice to any department inquiry that could be held against him. Thereafter, a charge sheet was issued to the petitioner on 14.9.1989 to which the petitioner submitted his reply on 5.10.1989. After submission of the reply by the petitioner, respondents did not choose to proceed further and take any action. Petitioner filed representations with the respondents that since the proposed departmental action against him had virtually been abandoned, be was entitled to the grant of all the benefits of arrears of salary etc., which had been denied to him on account of the pending proposed departmental action. No action was takeu on any of the representations filed by the petitioner.