V.G.Oak, J. - (1.) This writ petition by a police official is directed against departmental proceedings that are pending against him.
(2.) The petitioner joined the police force as a constable in 1925. He was later promoted as a Head Constable. In September 1958 a case under Section 409, I. P. C., was registered against the petitioner and one Clerk-Constable, Surendra Singh. A final report was submitted on 5-5-1959. The petitioner applied for leave preparatory to retirement. But leave was not granted. He gave another application praying that pension may be granted. But he was not permitted to retire. On 2-3-1960 a charge-sheet was served upon him. Departmental proceedings are going on against the petitioner on the basis of that charge. The petitioner's contention is that, departmental proceedings cannot be conducted against him. Hence this writ petition.
(3.) The main contention of Mr. Iqbal Ahmad appearing for the petitioner is that, the petitioner has already retired from service under Service Rules; so it is not possible for the respondents to conduct any departmental proceedings against the petitioner, It is pointed out that the petitioner joined police force in 1926. He has served the department for more than 25 years. It is, therefore, contended that the petitioner was entitled to retire from service as a matter of right.;