- (1.) V. K. Shukla, J. Petitioner has approached this Court for quashing of the order dated 11-11-2004 and for quashing the proceedings pursuant to charge-sheet dated 18-5-2004.
(2.) BRIEF background of the case is that petitioner had been performing and discharging duties as Assistant Development Officer (Minor Irrigation) as Class III employee. Petitioner has attained the age of superannuation on 30-5-2000 from the office of Minor Irrigation Department situated at Deoria. Petitioner has not been paid his retiral benefits and as such petitioner submitted his representation for ensuring payment of the same. As nothing has been done, petitioner filed Civil Misc. Writ Petition No. 34951 of 2004. This Court on 26-8-2004 directed the authority concerned to decide the representation and thereafter representation in question has been decided and it has been held that against the petitioner departmental proceedings under CSR Article 351-A is going on and petitioner has not submitted his reply, as such petitioner is not entitled for benefits as such claim has been rejected. At this juncture present writ petition has been filed. Counter-affidavit has been filed and therein it has been contended that irregularities have been committed by the petitioner for which proceedings have been initiated for causing loss to the Department to the tune of Rs. 12,50,511. 80. It has further been contended that petitioner has not participated in the proceedings which has been taken and as such writ petition as it has been framed and drawn is liable to be dismissed. Rejoinder affidavit has been filed and therein statement of facts mentioned in the counter-affidavit has been disputed that of writ petition has been reiterated.
(3.) AFTER pleadings mentioned above have been exchanged present petition has been taken up for final hearing and disposal with the consent of the parties. Sri H. S. N. Tripathi, learned Counsel for the petitioner that contended in the present case initiation of departmental proceedings after retirement is clearly barred as charge-sheet has been issued after more then four years when event took place and as such by no stretch of imagination, proceedings are permissible in law and respondents in all eventuality post retiral benefits are liable to be released.;