MANMOHAN SINGH AHLAWAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has impugned order dated February 24, 1993 copy Annexure P4 vide which the State Government had retired him from Government Service on February 28,1993 afternoon on his attaining the age of superannuation i.e. 58 years with the condition that his pension/gratuity will be with-held till criminal case registered against him vide F.I.R. No. 18 dated 28.8.1986 by the State Vigilance Bureau and the other matters pending against him under Rules 7 and 8 of the Punishment and Appeal Rules are finalized.

(2.) The petitioner has challenged the order of the State Government copy Annexure P4, on the ground that though charge sheet was issued in the year 1988 yet no Inquiry Officer was appointed till his retirement and that it is not within the competence of the State Government to with-hold pension and gratuity.

(3.) Mr. Hooda appearing for the petitioner contends that since the petitioner has not been found guilty of any offence, his pension and gratuity cannot be with-held. He further contends that after the retirement of the petitioner, departmental proceedings cannot proceed against the petitioner.