MOHD. SALEEM KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) AT joint request, matter has been heard finally at admission stage.

(2.) PETITIONER while holding the post of Jt. Director (Education) retired from service on attaining age of superannuation in July, 2007; however, his retiral dues were withheld despite the fact that there was no disciplinary/judicial inquiry either initiated or pending against him, which has compelled him to approach this Court by way of instant petition.

(3.) HOWEVER , a letter dt.14/05/2010 of the Department of Personnel has been placed before this Court for perusal in which it has been averred that the petitioner has already retired from service and four years have rolled by now, therefore, no inquiry could be initiated in view of Rules 7(2)(b) of Rajasthan Civil Service (Pension) Rules, 1996 ("Pension Rules") - according to which an inquiry could be initiated in respect of an event if having taken place more than four years prior to such institution. Taking note whereof, the Department of Personnel informed the Education Department that what has been alleged of misconduct against petitioner pertained to beyond period of four years; as such disciplinary inquiry could not be initiated and matter may be dropped.