HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner submitted an application on 19. 6. 2003 seeking voluntary retirement w. e. f. 1. 10. 2003. THE application was accepted by the competent authority vide order dated 1. 9. 2003 allowing the petitioner to retire w. e. f. 1. 10. 2003. In the order dated 1. 9. 2003 it has clearly been mentioned that no inquiry under the CCA Rules is pending against the petitioner. Since retiral benefits were not paid to the petitioner, after giving a legal notice, the present writ petition has been filed for retiral benefits due in favour of the petitioner.

(2.) IN reply a strange plea has been taken on behalf of the respondents that the petitioner could not be paid retiral benefits because of pendency of departmental inquires against him. It has also been submitted that formal order of dropping the departmental inquiry, initiated under Rule 17 of the CCA Rules, has been passed on 10. 2. 2005.