KAILASH VIHARI Vs. BIRLA INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) PETITIONER has questioned Letter No. 246 dated 5th September, 2002 issued by Respondent No. 3, whereby one Sri B.B. Pant, Registrar, has been appointed as Enquiry Officer to enquire into alleged charges against the petitioner. He has further prayed for a direction to make payment of full salary along with interest for the period of suspension from 16th September, 1999 to the date of retirement i.e. 30th November, 2001.

(2.) IT is necessary to notice briefly the factual background. Petitioner was appointed as Assistant Professor in Birla Institute of Technology, Mesra (hereinafter to be referred as 'BIT'). He continued to work on the post till his retirement on attaining the age of superannuation i.e. on 30th November, 2001. On the basis of some complaint said to be made by one Lal Mirtyunjay Nath Sahdeo, petitioner was placed under suspension vide Letter No. 3206 dated 16th September, 1999 by Respondent No. 3. He was also served with charges. He was intimated regarding appointment of one man committee, comprising of Sri Satish Bakshi, to enquire into, the charges against him vide letter dated 8th October, 1999.

(3.) THE short question, which is required to be considered by this Court, is whether respondents are entitled to continue the disciplinary proceedings against the petitioner after his retirement under rules, particularly, in view of observations of this Court in the judgment dated 29th November, 2001.