P K JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was working as Director Ayurveda in the State of Haryana. Vide memorandum dated 25.1.1995, a copy of which has been produced on record Annexure P-4 with the Writ Petition, the petitioner was served with a charge-sheet. It was inter alia alleged that he had gone to the "residence of Mr. Naresh Attray at Karnal and demanded a sum of Rs. 50,000/- as illegal gratification for renewal" of the licence granted to Attray Pharmaceutical, Karnal. He has also threatened to cancel the licence. An amount of Rs. 10,000/- was allegedly paid to the petitioner. It has been further mentioned that there is an audio cassette which indicates that the petitioner had made a demand. The petitioner did not file a reply. On 1.8.1995, the Government appointed an Officer to hold an enquiry into the matter.

(2.) During the pendency of the proceedings, the petitioner was prematurely retired from service vide order dated 6.12.1995. He filed Civil Writ Petition No. 7342 of 1997. While the writ petition is still pending he has again approached the Court through this petition to challenge the validity of the charge-sheet issued to him. He prays that the memorandum of charges and the order vide which the Enquiry Officer was appointed (copies of which documents have been produced as Annexures P-4 and P-3 respectively) be quashed.

(3.) We have heard Mr. Jaspal Singh, learned counsel for the petitioner. He has contended that in view of the fact that the petitioner has already retired from service, the enquiry proceedings cannot be continued against him.