PERMOD KOHLI, J. - (1.) PETITIONER has questioned Letter No. 246 dated 5th September, 2002 issued by Respondent No. 3, whereby one Sri B.B. Pant, Registrar, has been appointed as Enquiry Officer to enquire into alleged charges against the petitioner. He has further prayed for a direction to make payment of full salary along with interest for the period of suspension from 16th September, 1999 to the date of retirement i.e. 30th November, 2001.
(2.) IT is necessary to notice briefly the factual background. Petitioner was appointed as Assistant Professor in Birla Institute of Technology, Mesra (hereinafter to be referred as 'BIT'). He continued to work on the post till his retirement on attaining the age of superannuation i.e. on 30th November, 2001. On the basis of some complaint said to be made by one Lal Mirtyunjay Nath Sahdeo, petitioner was placed under suspension vide Letter No. 3206 dated 16th September, 1999 by Respondent No. 3. He was also served with charges. He was intimated regarding appointment of one man committee, comprising of Sri Satish Bakshi, to enquire into, the charges against him vide letter dated 8th October, 1999. Appointment of said Sri Bakshi as Enquiry Officer was challenged by the petitioner before this Court in C.W.J.C. No. 20 of 2000. This writ petition came to be allowed and the appointment of Sri Satish Bakshi, Advocate was set aside by this Court vide order dated 29th November, 2001. While setting aside the order, this Court granted liberty to the respondents to proceed further in the departmental enquiry by appointing a departmental person, as an Enquiry Officer, if permissible under law Suspension of the petitioner was also simultaneously revoked with effect from the date of the judgment in view of impending retirement of the petitioner, who was due to retire from service on 30th November, 2001. After his retirement one R.S. Yadav was appointed as Enquiry Officer in January, 2002. Petitioner represented to the Vice Chancellor against continuation of the enquiry. Thereafter, vide impugned letter dated 5th September, 2002, one Sri B.B. Pant has been appointed as an Enquiry Officer. Petitioner has, accordingly, approached this Court seeking quashment of the impugned letter, whereby Sri B.B. Pant has been appointed as Enquiry Officer and disciplinary proceedings have been continued.
(3.) THE short question, which is required to be considered by this Court, is whether respondents are entitled to continue the disciplinary proceedings against the petitioner after his retirement under rules, particularly, in view of observations of this Court in the judgment dated 29th November, 2001.;