Vineet Kothari, J. - (1.) THE petitioner -Arun Kumar Kashyap had filed this writ petition in this Court on 23/8/1997 for the following reliefs claimed by him in the writ petition. "(a) by an appropriate writ, order or direction Annexure No. 16 dt. 11.10.96 be set aside/quashed. (b) That petitioner be given pension and other past retiral benefits as per his qualifying service till the date of retirement. (c) any other appropriate writ, order or direction which in the facts and circumstances of the case, may be deemed just and proper be issued in favour of the petitioner."
(2.) WHILE admitting the petition of the petitioner on 15/9/1997, a coordinate bench of this Court, however, did not grant any interim relief against the chargesheet served upon the petitioner vide Annex. 16 dated 11/10/1996 under Rule 16 of the CCA Rules 1958 for the misconduct for the long absence of more than 7 years of the petitioner from service from 29/5/1988 till 31/10/1995, when upon reaching the age of superannuation, he was deemed to have retired from service on 31/10/1995. The petitioner was working as Assistant Engineer in the respondent P.W.D. Department of the Government of Rajasthan, when retired. The writ petitioner has stated in the writ petition that he was initially appointed as Overseer (Mechanical) on 23/4/1962 and was later on promoted to the post of Assistant Engineer (Mechanical) in the year 1973 and after completion of 15 years of service as Assistant Engineer in the year 1988 he was bound to be promoted to the next higher post of Executive Engineer but he was not so promoted and on the contrary his junior Mr. A.C. Mathur was so promoted to the next higher post and, therefore, under these circumstances he became sick & frustrated and did not attend his duties and remained on medical leave for sometime and, thereafter, though the respondent Department gave several notices to the petitioner to resume his duties between 1988 -91, as stated in para. 6 of the writ petition, the petitioner did not report back for duty till attaining the age of superannuation, he retired from service on 31/10/1995.
(3.) THEREAFTER , the petitioner filed his representation in the year 1996, as stated in para. 8 of the writ petition, for the release of his pension but the pension was not paid to him and on the contrary an inquiry was initiated against him under Rule 16 of the CCA Rules, 1958 by serving the impugned charge sheet Annex. 16 dated 11/10/1996 but the petitioner did not file any reply to the said charge sheet except one letter dated 28/10/1997 which has not been placed on record by the petitioner with the petition or later on, for the reasons best known to him, nor he participated in the enquiry initiated by this charge sheet, but on the contrary filed this writ petition as aforesaid on 23/8/1997.;