SURENDRA KUMAR GUPTA Vs. RRVUNL

JUDGEMENT

(1.) HEARD finally with consent of learned counsel for the parties. By this writ petition, challenge has been made to the charge -sheet dt. 07.12.2009 and the order dt. 30.12.2009 whereby petitioner's request for voluntary retirement was rejected in view of pendency of inquiry.

(2.) LEARNED counsel for the petitioner submits that frivolous charge -sheet was served on the petitioner regarding absence from duty ignoring his sickness during intervening period coupled with medical certificates. This petition was filed at the stage when petitioner was pressing for voluntary retirement for personal reasons but now, petitioner has been superannuated during pendency of writ petition. Thus, issue pertaining to order dt. 30.12.2009 no more survives rather, to that extent petition has become infructuous. The only challenge now remains is with regard to charge -sheet containing allegation of willful absence. Petitioner has submitted detailed reply explaining his conduct as the period of absence was duly supported by medical certificates. Thus, charge -sheet may be quashed. The petitioner has not been paid due retiral benefits as yet.

(3.) I have considered the submissions made by learned counsel for the parties and perused the material available on record.