Aditya Nath Mittal, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS petition under Article 226 of the Constitution of India has been filed with the prayer to issue a writ of certiorari quashing the judgment and order dated 27.08.2014, passed by the opposite party No. 1 in Claim Petition No. 1899 of 2012, Ganesh Singh v. State of U.P.& others. By the judgment and order dated 27.08.2014, the State Public Services Tribunal, Lucknow has allowed the claim petition by setting aside the punishment order dated 27.07.2012 and has further directed to release the retiral benefits if the same have been withheld.
(3.) THE opposite party No. 2 had filed the aforesaid claim petition on the ground that the opposite party No. 2 has retired on 30.06.2004 and till that date he was not served with any charge -sheet. The enquiry was conducted against Sri Dinesh Chandra and Sri Dinesh Chandra was found guilty in that enquiry along with the opposite party No. 2. Although the show cause notice was issued to the opposite party No. 2 on 17.02.2004, which he has replied on 01.04.2004, but even after four years of retirement, no proceedings were conducted and on 12.09.2008 another show cause notice was issued for showing cause on the basis of enquiry report against Sri Dinesh Chandra. The opposite party No. 2 had submitted his written explanation on 28.01.2009 stating that there is no provision in the Rules of U.P. Avas Evam Vikas Parishad (here -in -after referred to as the "Board") to pass the punishment order after retirement. The proceedings have also not been conducted under Rule 351 -A of Civil Services Rules (here -in -after referred to as the "CSR").;