JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the charge sheet dated 11th Jan., 1991 (Annexure P1) and he has further prayed that the respondents be directed to release to him all the pensionary benefits along with interest at the rate of 18% per annum.

(2.) Briefly stated, the facts of the case are that the petitioner, who at the relevant time, was posted as Block Primary Education Officer, Jagaon (Ludhiana) was issued charge sheet dated 11th Jan., 1991 for certain acts of misconduct of financial irregularities which were alleged to have been committed by him. The petitioner submitted reply to the charge sheet on 4th Feb., 1991 vide annexure P1. Therefore, an inquiry officer was appointed to enquire into the allegations levalled against the petitioner vide letter dated 13th June, 1991 (Annexure P3). It has been alleged in the writ petition that the petitioner attended the inquiry but the Inquiry Officer had been adjourning the case from time to time as the records of the case had not been received from D.E.O. (P), Ludhiana. The petitioner retired from service on 30th April, 1991. The petitioner, therefore, has prayed in this writ petition that the charge sheet dated 11th Jan., 1996 (Annexure P-1) be quashed and the respondents be directed to release the retiral benefits.

(3.) In the written statement filed on behalf of the respondents, it has been stated that a regular Departmental inquiry is still pending against the petitioner and the inquiry need not be completed as the relevant records were taken into custody by the Jagraon Police on 30.10.91 for investigation in connection with FIR No. 144 dated 11th Aug., 1991 against S. Mukhtiar Singh, Clerk, office of the B.P.O.,Jagraon. It has further been stated that complete records had been received from Jagraon on 5.9.1996 and the inquiry officer had been requested to further proceed in the inquiry, and the inquiry will be completed within a period of three months.