V.K. Shukla, J. - (1.) IN the present case petitioner has rushed to this Court with request to ensure payment of interest on delayed payment. Earlier questioning the validity of the order dated 31.01.2009 wherein order of reservation has been passed, petitioner has rushed to this Court by filing Civil Misc. Writ Petition No. 33865 of 2009 and this Court in the aforesaid writ petition passed following order; "In the present case this much is accepted that after reply was filed against charge sheet in question, no further date, time and place has been fixed for holding of the enquiry and straight way based on the reply submitted by the petitioner, opinion has been formed and based on the same enquiry report has been submitted without associating the petitioner in the enquiry, such report can not be subscribed. In such a situation and in this background, action taken based on the said enquiry report is also not being subscribed as the same is in violation of principle of natural justice. Once the proceedings which have been undertaken, are in contravention of principle of natural justice as such same are not be approved of and the order dated 31st January, 2009 as such is hereby quashed and set aside. In normal course of business the matter would have been remanded for fresh enquiry but in the facts of the present case as this much is accepted position that petitioner was the person responsible for getting the said fraudulent act, i.e. said fraudulent release of freedom fighters money expose and there was no dishonesty on the part of petitioner at any point of time and merely negligence has been attributed, in such a situation and in this background as in respect of the Chief Transport Officer, Lal Jee, order of censor has been passed, as such in the facts of the case for purported negligence, petitioner can not be made to further suffer, as petitioner has already attained age of superannuation he would be further harassed and victimized in the garb of enquiry. In such a situation and in this background, writ petition is allowed, no further action be taken against the petitioner and other retiral benefits due be finalized in accordance with law preferably within next four months from the date of production of certified copy of the order passed by this Court. Writ petition is allowed" Bare perusal of the aforesaid order would go to show that this Court had noted background of the case and categorically passed order that no further action be taken against the petitioner and other retiral benefits due be finalized. This Court has not gave direction for ensuring payment of interest on delayed payment and retiral benefits merely were directed to be ensured to the petitioner. Matter had been kept pending on account of proceedings being there.
(2.) THIS is not case of petitioner that any statutory interest is to be provided for qua the aforesaid amount, in such a situation and in this background this Court cannot give any direction to ensure interest on delayed payment, in the facts and backdrop of the present case. Consequently, writ petition sans merit and is accordingly dismissed.;