JUDGEMENT
Binod Kumar Roy, Lakshmi Bihari, JJ. -
(1.) The petitioner, who at the relevant time was Reader in the Department of Hindi in Kalpi College. Kalpi, has come up with following prayers :
1. "a writ, order or direction of suitable nature quashing the disciplinary proceedings against the petitioner or declaring the same to be Ineffective and of no consequence."
(2.) "a writ, order or direction of suitable nature commanding the respondents to fix the pensionary benefit of the petitioner and to disburse the same regularly every month and also to disburse the entire arrears of his pensionary benefits from 1.7.1998 till date within a period to be specified by this Hon'ble Court."
(3.) "a writ, order or direction in the nature of certiorari quashing the order dated 20.11.1995 issued by the Manager, Kalpi College, Kalpi, district Jalaun (Annexure-13 to the writ petition) and to declare the same as having become Inoperative and no legal consequence."
4 "a writ, order or direction of suitable nature commanding the respondents not to interfere in the functioning of the petitioner as Reader and Head of the Department of Hindi in Kalpi College, district Jalaun and to pay the petitioner his regular monthly salary on the said post regularly every month."
5. "a writ, order or direction of suitable nature commanding the respondents to disburse the arrears of salary to the petitioner from December, 1994, till date within a period to be specified by this Hon'ble Court."
2. Sri Khare, learned counsel for the petitioner at the outset stated that the relief for commanding the respondents to allow the petitioner to continue as Reader due to his superannuation has become redundant and thereby is not pressed.
3. Having regard to the submissions made at the Bar by Sri Ashok Khare, the learned counsel for the petitioner, the moot question which arises for our consideration is as to whether any disciplinary departmental proceeding in the absence of any statutory provision could have continued after his superannuation on 30th June. 1998?;
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