VEERENDR SINGH SIRADHANA,J. - (1.) For the benefits of commutation and gratuity, were withheld by the State-respondents after retirement of the petitioner attaining the age of superannuation on 28th February, 2003; the petitioner has instituted the present writ application praying for the following relief(s): "(i) By an appropriate writ, order or direction, the impugned charge-sheet deserves to be quashed and set aside so far as the petitioner is concerned and the respondent may further be directed to pay the amount of gratuity to the petitioner with interest at the appropriate rate. (ii) By an appropriate writ, order or direction, the petitioner may also be extended the benefit of commutation of pension which was otherwise admissible to the petitioner and thereby the petitioner should not be put to a loss on that count also. (iii) Any other appropriate order which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may be passed in favour of the petitioner. (iv) Cost may also be awarded to the petitioner."
(2.) Briefly, the essential material facts necessary for appreciation of the controversy are that the petitioner entered into the service with the State-respondents in the Audit and Accounts Department and retired after attaining the age of superannuation on 28th February, 2003, from the post of Inspector (Audit). It is pleaded case of the petitioner that with mala-fide and oblique motive, the petitioner was served with the charge-sheet on 27th February, 2003, just a day before his retirement on 28th February, 2003, for an incident that allegedly occurred in the year 1982-83. Furthermore, even after response filed to the charge-sheet on 11th March, 2003, the inquiry proceedings have not proceeded any further so much so that even Enquiry Officer has not been appointed till date.
(3.) Learned counsel for the petitioner, Mr. Sandeep Bhagwati, reiterating the pleaded facts and grounds of the writ application, asserted that the charge-sheet dated 27th February, 2003, served on the petitioner a day before of his retirement attaining the age of superannuation on 28th February, 2003, was for oblique motives. Further, such a charge-sheet could not have been issued after an inordinate and unexplained delay with reference to an incident that dates back to 20-21 years.;