Ajay Mohan Goel, J. - (1.)By way of this petition, the petitioner has, inter alia, prayed for the following relief: - (b) "Impugned orders contained in Annexure P-2 dated 27.11.2009 passed by respondent and Annexure P-3 dated 27.2.2010 passed by respondent No.2 be quashed and set aside and the petitioner may be held entitled to the pensionary benefit sanctioned in his favour as far back as on 9.11.98 alongwith interest @18% per annum from the date when it was sanctioned till the actual payment to the petitioner."
(2.)Brief facts necessary for the adjudication of present petition are as under;
The petitioner was serving as Junior Engineer with the respondent-Department. He superannuated, as such, on 31.07.1995. Departmental inquiry stood initiated against the petitioner, vide charge sheet dated 19.07.1995. However, the charge sheet in issue for the reasons best known to the respondent-Department, was not served upon the petitioner, in person, but the same was sent to him through post. The charge sheet actually was served upon the petitioner on 08.01.1996, as is evident from the record itself, which on the direction of this Court, was produced by the learned Additional Advocate General. Petitioner submitted his response to the same. An Inquiry Officer was appointed, who submitted his inquiry report, which is appended with the petition as Annexure P-1. On the basis of said inquiry report, vide Annexure P-2, the Disciplinary Authority imposed penalty of recovery of Rs.60,047.23 upon the petitioner.

(3.)Feeling aggrieved, the petitioner has filed this writ petition. It is an admitted position that petition stood filed without exhausting statutory remedy of filing an appeal. However, taking into consideration the fact that petition was filed in the year, 2010, now, this Court is not relegating the petitioner back to avail the statutory remedy of filing the appeal, because, as would be evident from the subsequent paras of the judgment, the very initiation of enquiry against the petitioner was void ab-initio.
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